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HomeMy WebLinkAbout05-07-10 ~ ra ~-' ;-, ~- c-O c., - ~-, 1N THE COURT OF COMMON PLEAS OF .~~~ ' CUMBERLAND COUNTY PENNSYLVANIA ~ rn t ~'' %~ !~ , ORPHANS COURT DIVISION r->~'~-~ ~ .~ , -: . -,--. =, ~ - ~; --+ .. s. IN RE: ESTATE OF ROBERT C. FALCO, deceased NO. 21-10-177 PETITION TO APPROVE RELEASE AND SETTLEMENT/COMPROMISE WITH CHILDREN AND SURVIVING SPOUSE ~-- AND NOW this day of May, 2010, comes Barbara J. Boyer, Administratrix of the above captioned Estate, by and through her counsel, Joseph D. Buckley, Esquire, and Petitions the Court for approval of Settlement and Compromise with the surviving children and surviving spouse of the decedent based on the following: 1. Robert C. Falco ("decedent") died testate on November 12, 2009. 2. In his hand written Will the decedent bequeathed his Chevy Pick-up to a friend: Patsy Jean Keckler, his motorcycle to his friend Rodney Clark Keckler and the balance of his estate to his granddaughter Destiney Daniels (incorrectly spelled Danlliels). (A true and correct copy of the Will is attached and marked Exhibit "A") 3. At the time of his death the decedent had three adult children: Amanda A. Falco of 213 Leman Street, Ft. Bragg, NC 28207, Amy Worley of 111 15 South Albany, Chicago, Illinois, 60655 and Bobby Joe Mattull of 11787 North 330 East, Thayer, Indiana 46381. 4. At the time of his death the decedent was married to Barbara J. Boyer, the Petitioner, the couple had no issue of their marriage and the parties were in the process of obtaining a divorce. 5. On March 12, 2010, after attempts to locate and hold discussions with all family members and receiving renunciations from decedent's three adult children, Barbara J. Boyer ~± ("petitioner") was duly qualified as Administratrix C.T.A. and Letters of Administration were issued by the Register of Wills and said Letters remain in effect. 6. The decedent's daughter, Amanda A. Falco is a staff sergeant currently serving in the US Army and stationed at Ft. Bragg, North Carolina and is the mother and guardian of the minor child Destiney Daniels, the residuary beneficiary, who lives with her mother. 7. Prior to his and for several years before, decedent had been estranged from two of his adult children: Bobby Joe Mattull and Amy Worley; however, he had been in constant contact with his daughter Amanda Falco with whom he had resided prior to her entry into the armed forces. Decedent was also in constant contact and had regular visits with Amanda and her daughter destiny. 8. Immediately prior to his passing, decedent and his wife, Barbara J. Boyer, had agreed on a property settlement of all their assets which provided that decedent would pay his wife, Barbara J. Boyer the sum of $20,000.00. Decedent communicated his intentions of this settlement with Barbara J. Boyer and to daughter Amanda immediately prior to his passing. 9. As a condition of her becoming the Administratrix Barbara J. Boyer and the family agreed that she would receive either one third (1/3) of the net estate, after distribution of specific bequests or the amount of $20,000.00 which ever was less together with one of the decedent's hand guns. 10. Had Petitioner elected to file to take her entitled share against the will or to challenge the validity of the will, she would have been entitled to the share much greater to that which she has agreed to accept to release the Estate from her claims as Surviving Spouse. 11. During the administration of the Estate, Petitioner has liquidated decedent's assets, distributed decedent's specific bequests and is currently paying decedents debts, together with discussing matters with the decedents' children. 12. At the time of his passing decedent had an untitled El Camino automobile which was in the process of being restored; however, although all the parts were found the vehicle was totally dismantled and needed repaired, rebuilt and completed. 13. The said El Camino had little (estimated at approximately $800.00 - $1,000.00) as all the parts including engine, transmission had been removed, the windshield was broken, doors off, quarter panels removed, wheels and tires removed; however it had to be removed from the garage in which it was stored and decedent's son, for sentimental reasons desired the untitled vehicle. 14. At the time of his passing decedent owned certain hand guns some two of which are desired by his daughter Amanda A. Falco and one agreed to be given to his wife, Petitioner. 15. Petitioner has given the untitled El Camino together with all the automobile parts which were believed to be associated with said vehicle to decedent's son, Bobby Joe Mattull and received from said Mr. Mattull a Release executed by Mr. Mattull relating to any interest he may have or claims he may have had against the Estate. (A True and correct copy is attached hereto and marked Exhibit "B"). 16. Petitioner desires to transfer two handguns, a Smith & Wesson 44 magnum Revolver (serial number AJK6588 M 629-1) and an Armscor 45 caliber semi-automatic pistol (serial Number AP927710) subject that any and all appropriate state and federal laws regarding the transfer of firearms are followed to decedent's daughter, Amanda A. Falco. 17. Petitioner has had the decedent's Kimber 45 caliber semi-automatic pistol bearing serial number KO74227 transferred into her name and desires that the Court approve the same. 18. Petitioner desires to pay to decedent's daughter, Amy Worley, the sum of one thousand dollars ($1,000.00) in return for her full release of any claims she may have against the Estate. 19. Petitioner desires that upon payment of all debts, costs, fees and taxes of the Estate, distribution of any specific bequest and prior to distributing the balance of the funds to the residuary beneficiary that she pay to herself as the surviving spouse and amount equal to the one-third of the net estate or $20,000.00 whichever is less. 20. Petitioner understands that she has a conflict of interest as fiduciary to the Estate which was discussed by all family members prior to her agreeing to become the Estate's personal representative and does not desire to act unless and until the Court approves the Release of the Estate from her individually as the Surviving Spouse. 21. No Judge of the Court has heard any matter relative to this Estate. 22. Petitioner shall send a True and Copy of this Petition and any Hearing Notices to Decedent's three named children and to the guardian of the residuary beneficiary United States First Class Mail, postage prepaid, Registered, Return Receipt and upon receipt shall present the proof of service thereof to the Clerk of the Orphan's Court. WHEREFORE, Petitioner requests this Honorable Court hold a hearing in this matter and Issue a Rule to Show Cause Why the Relief Requested Should Not Be Granted, returnable at the Hearing upon Amanda A. Falco of Ft. Bragg, North Carolina, Amy Worley of Chicago, Illinois, and Bobby Joe Mattull of Thayer, Indiana, and Destiney Daniels c/o Amanda A. Falco of Ft. Bragg, North Carolina. Respectfully submitted, Attorney for Petitioner 1237 Holly Pike Carlisle, PA 17013 717-249-2448 JoeBLaw@aol.com EXHIBIT «A~~ /'~/..~-vim j~~J~'~ ~'~~.~'~,'Z~ / 1 ~~ - ~..~~,`~ `~.~~" ~" ./ U ,~. ~-~ ~~~~1 J ~ ~ s ~c=~-~~ ~~~ ~~ ~~ ,~- l ~" ~ ____--~, .._ ___-~ C=-- ~. _;~--~~ ,~ :.., ~_ ~ ;, J _ r i. ~) r . - '~::+ _ f . , ~~ ~,-~ -~ -_ ~":i - - ~J --t ~~ ~ ~ ~ ~ 1J ~ EXHIBIT «B~~ IN RE: ESTATE OF Robert C. Falco Late of Carlisle Borough, Cumberland County, Pennsylvania, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVAMA ORPHANS' COURT DIVISION ESTATE NUMBER 21-10-0177 RELEASE KNOW ALL MEN BY THESE PRESENTS that I, Bobby Joe Mattull, the undersigned, do hereby acknowledge that in consideration of my full release of any past, present or future claims I have against my father's estate, my father being Robert C. Falco, I have received of and from Barbara J. Boyer, Administrator of the Estate of Robert C. Falco, late of the Borough of Carlisle, Cumberland County, Pennsylvania, an El Camino, in parts, non titled vehicle, including frame, rear end, crate 302 small block engine, tires, wheels, and miscellaneous parts. I hereby acknowledge that I have received a copy of the Will probated in this matter and further accept the above described personal property from the said Estate as consideration of my release of the Estate, with the same force and effect as if it had been duly approved and determined by the Court of Common Pleas of Cumberland County. And I do hereby release Barbara J. Boyer, Administrator, of and from any and all claims I have or may have under the law or against the said Estate and said Administrator with respect to my status as the son of the deceased. IN WITNESS WHEKEOF, I have hereunto set my hand and official seal this 24t" day of March, 2010. -..-_.. ~~~~ --~~-^~~ '~ ~~ ~-'~ - (SEAL) BOBBY JO MATTULL COMMONWEALTH OF PEIv'NSYLVANIA ss. COL~ITY OF CUMBERLAND On this, the ~-~'~ f~ day of ~~ ~ , 2010, before me, a Notary Public in and for i~41 ~~~ said County and State, the undersigned officer, personally appeared Bobby Joe Mattull known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,~ --~ ~ ~ , ~~ ~~ a Notary Public NOTARIAL SEAL K+1REN KAY 8UGKlEY Notary Public MIDOIETON 7WP, CUMBERLAND CNTY ~ ~P~~ea Jun 23, 2013 VERIFICATION I, Barbara J. Boyer, hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge and belief. I understand that the statements made herein are subject to the provisions and penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. -? ~---~ Date: ~ ~ <~ `~~- ~--~ ~ 'C3 ~ ~ n ~ ~~ ,~ ~ ~~ - -- ;~~-( Ba bara J. Boyer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: ESTATE OF ROBERT C. FALCO, deceased NO. 21-10-177 CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, hereby certify that a true and correct copy of the PETITION TO APPROVE RELEASE AND SETTLEMENT/COMPROMISE WITH CHILDREN AND SURVIVING SPOUSE was duly served on the following persons via prepaid United States First Class Mail, Registered/Return Receipt Amanda A. Falco 213 Leman Street Ft. Bragg, NC 28207 Bobby Joe Mattull 11787 North 330 East Thayer, IN 463 81 Amy Worley 111 15 South Albany Chicago, IL 60655 Destiney Daniels c/o Amanda A. Falco 213 Leman Street Ft. Bragg, NC 28207 i; L- f ,_ , ~fi ; Date: ~ 1- Z~,, r' ~ ~ % ~'; ~ ~ ~ ;r , ~ ;~ l ~ ~``, ~ ~ E-~ Jos . Buc ley, Es ire