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HomeMy WebLinkAbout04-24-09 1 4CX~GO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ESTATE OF ROLAND J. GALLAGHER cp .a N0.2008-00053 n = ~ ~ REGISTER OF WILLS - n `-~~~ ~ First and Final Account `~c~~> Administratrix: Charlotte ~ag-"her ~ ~--~ a :- ~., w First and Final Account of Estate of Ronald J. Gallagher for Confirmation Date of Death: November 19, 2007 Date of Advertisement: Cumberland Law Journal November 28, December 5, and 12, 2008 Patriot News: November 26, December 3 and 10, 2008 Summary of Account Principal Income Cash (checking account Citizen's Bank) $1,485.00 Tangible Personal Property - no value, donated to charity Stocks Realty Total Inventory $1,485.00 Receipts subsequent to Inventory N/A Gains and Losses on Sales or Other Dispositions N/A Disbursements of Principal Debts of Decedent $0.00 BANK OF AMERICA $ 12,305.87 DISCOVER $ 11,064.20 BANK OF AMERICA $ 6,730.05 ,~ - -~ n'r :; > ~,} ::~ Ci.: .^ _.~ (-') ~_, , .,, ,,~~ r-~ ,--r ;, ~,., ,~ _-> These claims are valid but there aze insufficient funds to pay these debts. Funeral Expenses Administration Expenses Counsel: $1,500.00 Reg. Wills: $109.00 Advertising: $174.66 Inventory (ROW): $15.00 Accounting (ROW): $15.00 Federal and State Taxes $2,320.89 Inheritance: $ Dividend tax: $ Cap. Gains tax: $ Fees and Commissions $ 0.00 $0.00 Distribution of Principal to Beneficisriea N/A Principal Balance on Hand N/A Disbursements of Income N/A Distribution of Income to Beneficiaries N/A Proposed Diatributiona to Beneficiaries Gross estate: $1,485.00 Names of parties, amount of share, and brief statement of award and reason, reference applicable statute authorizing: $4,432.60 (advanced by Administratrix) $1,485.00 $1,485.00 paid to Charlotte Gallagher, Administratrx, who advanced the necessary fees to conclude estate. Charlotte Gallagher, Administratrix, under and for the intestate decedent, Roland J. Gallagher, hereby declares under oath [penalties of perjury] that she has fully and faithfully discharged the duties of her office; and that the forgoing First and Final Account is true and correct and fully discloses all significant transactions occumng during the accounting period; that all known claims against the estate have been scheduled; that to her knowledge, these claims against the estate cannot be paid; and that all taxes presently due from the estate have been paid, Charlotte Gallagher, Adm nistratrix Subscribed and sworn to by CHARLOTTE GALLAGHER before me this da of Y l~n ~~ X009 9L/D Xl_ ~-_; Notary-°uP bhc co7~or7vuF.,un~ of ~r7NartvANw Ikp~ A M~a~, NOYy PypNp NnpMn Q0.. CwNMUq 7.arNY OOnwlwlon 7,ylw~ Oat 11,1077 MMnA~r; PinMyNaN~ Auo~JOtloa Wof IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ROLAND J. GALLAGHER N0.2008-00053 REGISTER OF WILLS First and Final Account Administratrix: Charlotte Gallagher CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Chazlotte E. Gallagher Administratrix Estate of Roland J. Gallagher 90 Salem Church Road #400 Mechanicsburg, PA 17050 BANK OF AMERICA FIA CARD SERVICES Consumer Lending PO Box 22021 Greensboro, NC 27420 Discover Bank PO Box 8003 Hilliazd, OH 43026 West Asset Management Bank of America FIA Cazd Services 7171 Mercy Road PO Box 6618 Omaha, NE 68106 Date: 1//,Ql~~ Mic a is ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 +7 ~. DECEDENT'S ESTATE COURT OF COMMON PLEAS OF (~.~imhprlanrl COUNTY; PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ROLAND J. GALLAC~It DE CEASEDm ,~ ~~ ~- ; ~ No. 200R-53 l ~ s ~ ~ : Gl .O ~ `~ ~ ~ ~ 4 " 0~ c'-. ` PETITION FOR ADJUDICATION / i7 n ~~ ~ _ n =_ STATEMENT OF PROPOSED DISTRIBUTI~IV~ ~ ; `:~~- -~ PURSUANT TO Pa. O.C. Rule 6.9 , ~ ~ ~_ ~ ~' This, form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDEATTACFIMENTS ATTILE BACK OF THIS FORM. Name of Counsel: Michael S. Travis Supreme Court I.D. No.:77399 Name of Law Firm: Attorney at Law Address: 3904 Trindle Road Camp Hill, PA 17011 Telephone:717-731-9502 Fax:_717-731-9511 Estate of ROLANp J, am r.nQ~~ Deceased Name(s) and address(es) of Petitioner(s): Name: Charlotte E, Gallagher, Administratrix Address: 90 Salan Church Read #400 Mechanicsburg, PA 17050 Identify any executors or administrators who have notjoined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? ..................... ~ Yes [~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 11 /t om~ Letters Testamentary or /~Letters of Administration were granted to Petitioner(s) on Date of Will (fapplicable): Date(s) of Codicil(s) (if applicable): Date of probate (af different from date Letters granted): Jan 16, 2008 Was a bond required? Wes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ........ . (~ Yes ~ No Dates of advertising of the grant of Letters: 11/26/08, 12/3/08, 12/10/08 Pat. News Estate of Deceased 3 Was decedent survived by a spouse? ............................ . /[]Yes ^No ffyes, name of the surviving spouse: Charlotte E. Gallaher 4. Has the surviving spouse filed to take an elective share? . (fie Section 2201 et s~q. of the Probate, Estates and Fiduciaries Code) ~ Yes 0 No ffyes, date of elections 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? .......... . ^Yes Q No Were any children born to decedent after execution of Will or Codicil(s)? .......................................... . ^Yes Q No ffyes, give names and dates of birth: Name: Date of Birth: 7. ff required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? .................. . ........ Q/ Yes ~ No Estate of ROLAND J. GAIS,AC31Eft ,Deceased Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O: C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Rank of Ameri~c~aa FIA Card Srvl Creditor Consumer Lentling PO Box 22021 GYeensboro, NC 27420 Discover AAnk Creditor PO Box 8003 Hilliard, OH 43026 $1?.,305.87 $11,064.20 Estate of ROLAND J. GALLAGE~Ct Deceased Rank of America Creditor $6,730.05 West Asset Management 7171 Mercy Road PO Box 6618 (>Raha, NE 68106 B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rude 12.4). D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. Estate of ROLANU J, GAI,LA(~IEg Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant I Amount ojClmm I Clalm I Wtll Ckdm Admitted? BePald In Bank of America FIA Card Serv $12,305.87 O/ yes dyes Consumer Lending PO Box 22021 QNo / No Greensboro, NC 27420 Discover Bank $11,064.20 / Yes PO Aox 8003 0 (]Yes Hilliard, OFi 43026 ©No []/ No Bank ofAmerica $6,730.05 /~Yes DYes West Asset Management QNo /©No 7171 Mercy goad PO Box 6618 Qnaha, NE 68106 C]Yes IDYe QNo ~ No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................... . ............ Yes QNo Was family exemption allowed? ................................ (]Yes (]/ No Family exemption claimant's name and relationship: Relationship: ~, Estate of ROLAND J. aAr.r.n~ Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Jntetest N/A 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ...... . ...... ~ yes ~/ No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awazds performed, or, in the alternative, how the decedent s estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: Estate is insolvent. All property recovered used to reimburse for funeral expenses. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. /~Yes 0 No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. ~.. Estate of ROLAND J. GAIS.AQ~IER Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... 0 Yes r~ No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. NA B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. DYes /©No 18. )f a reserve is requested, state amount and purpose. amu,,,~, N/A rinse: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ....................................... . ^Yes /~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... DI'es ~No As to real estate only? , ..... , .. . []I'es /~No -., Estate of ROI,AfID J. GALS.AC~~ Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee~s) B. Principal: Proposed Dtstrt butee(s) Charlotte E._GallaAher AmoundProportion AmounO'Proportion $1,485.00 Submitted By: (All petitioners »utst sign. Add additional lines if necessary): Charlotte E. Gallagher Name of Petitioner: ~-P,.an.Q s%CC.. ,~P . oa ..a~-- ~ yl a a~ 04 Name ofPettttoner: . ,i Estate of ROI,AND J, ~,A~ Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies " [that ae/,ne she is nseAdministratrix of the above-named mm~e ojcorporation ] wState and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signature of Petitioner ~ 4 /aa /04 "Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ~" ignature of Counsel for Petitio r ~ ..~ ESTATE OF ROLAND J. GALLAGHER NO, 2008-00053 INSOLVENT ESTATE PREFERECE PAYMENTS PURSUANT TO 20 PA, C.S. §3392 VALUE OF ESTATE: $1,485.00 PERSONATLY FUNERAL EXPENSE REIMBURSE: $1,485.00' REMAINING FUNDS ON HAND: $0.00 UNPAID CREDITORS: BANK OF AMERICA $12,305.87 DISCOVER CARD $11,064.20 `BANK OF AMERICA $ 6,730.05 Payment made to Administratrix to reimburse for funeral expenses. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ROLAND J. GALLAGHER N0.2008-00053 REGISTER OF WILLS First and Final Account Administratrix: Charlotte Gallagher CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by fast class U.S. Mail, postage prepaid: Charlotte E. Gallagher Administratrix Estate of Roland J. Gallagher 90 Salem Church Road #400 Mechanicsburg, PA 17050 Date: ~~~/~ /i Iichael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502