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Home My WebLink About09-01-10IN RE: The Estate of IN THE COURT OF COMMON PLEAS OF ROBERT KR.ALL NELL, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased :Orphans' Court Division No. ~ ~ _ ~ ~- ~ ~~ ~-. IN Ar'r'(~RnAN(''F ~x~TTH ~ PA (` 4 A ~F(''TT(~T` ~1(l ~-_~c ~ .yam - ~., ~ _: ~ TO THE HONORABLE, THE JUDGES OF THE SAID COURT, =;,- -r~ ` r ~;';::~ ,CJ~ x: The Petition of Carole N. Ashby respectfully represents: ~ `~. i .~r _,_, _; .. _ -~. 1. That she resides at 100 Corry Avenue, Lancaster, Lancaster County, Pennsylvani' and is the daughter of the decedent, Robert Krall Nell. 2. That the decedent, Robert Krall Nell, died on December 18, 2008, and at the time of his death was a resident of Cumberland County, Pennsylvania, residing at Cumberland Crossings, 1 Longsdorf Way, Carlisle, PA 17013. 3. That the decedent died testate and under Item 6 of his Last Will and Testament, the Petitioner, Carole N. Ashby, was appointed the personal representative in the event that his wife, Erma Grove Nell, did not survive him. 4. That the said Erma Grove Nell predeceased Robert Krall Nell. 5 • That the said Robert Krall Ne11 left surviving him the following persons entitled to share in his estate: A. Carole N. Ashby - Relationship to decedent: Daughter B. Joyce M. Raper - Relationship to decedent: Daughter C. Jane O. Randall - Relationship to decedent: Daughter _~ - ~ !i r -. ~:.-, r- x D. Susan E. Neiles - Relationship to decedent: Daughter E • Virginia L. Hartman-Relationship to decedent: Daughter None of the children mentioned herein have received or retained property by way of payment of wages, salary or vacation benefits as set forth in 20 Pa. C.S.A. Sec. 3101. 5 • That no person is entitled to the Family Exemption. 6. That the gross value of the personal estate of the decedent does not exceed $10,000.00. 7. That the property of the decedent and the values of the several items thereof are as follows: A Refund from Cumberland Crossing in the amount of $3,203.50 issued in January, 2009; and B. Classic checking account, #501131, at M&T Bank in the approximate amount of $1,683.80. Total Assets-$4,887.30 8. That the names of all unpaid claimants of whom the Petitioner has notice or knowledge are: A. Commonwealth of Pennsylvania ---$17,898.97 owed $ 2,923.93- accepted Department of Public Welfare Bureau of Program Integrity Division of Third Party Liability Estate Recovery Program Copy of DPW acceptance letter attached B. Carole Ann Ashby ---------------------------------------------- 244.37 Personal representative fee C. Anthony L. DeLuca, Esquire ________________________________ 400.00 Attorney fee D • Filing fee for Petition ______________________________________ 15.00 E. Out of pocket expenses paid for flowers, church minister, Etching of stone, mailings, luncheon, etc. by Carole N. Ashby and Susan E. Neiles...--------------------------- 1,~~4_~Q Total Claimants $ 4,887.30 9. That a schedule of assets and deductions for inheritance tax purposes will be filed with the Register of Wills; inheritance tax assessed in the amount of $ -0-. 10. That the Petitioner and his heirs have been given written notice of the intention to file this Petition and hereby consent to waive the requirement of the twenty (20) days prior written notice of the intention to file such Petition. Copies of each Waiver and Consent are attached hereto and incorporated herein by reference. WHEREFORE, Petitioner prays that the Court .direct distribution of the property of the said Robert Krall Nell in the following manner: 1. That the Petitioner be authorized to obtain a new refund check from Cumberland Crossing in the amount of $3,203.50; 2. That the Petitioner be authorized to deposit said refund check from Cumberland Crossing into Robert Krall Nell's classic checking account, #501131, at M&T Bank; 3. That the Petitioner be authorized to endorse and execute any and all documents required by M&T Bank and Cumberland Crossing, including but not limited to checks; 4. That the Petitioner be authorized to request and M&T Bank ordered to issue bank checks to the unpaid claimants set forth in paragraphs 8A, 8B, 8C, 8D, and 8E on the within Petition in the amounts owed; and 5. That the Petitioner be authorized to close the Classic checking account, #501131, at M&T Bank after the entire proceeds have been distributed; and 6. That the Petitioner be authorized to execute any and all tax documents that may be needed to be signed in order to comply with the laws of the Commonwealth of Pennsylvania, the United States of America, and any local government. Respectfully submitted, r/ `~~'., ~,~'~ DATED: '~ --..~ ~- ti, Anthony L. ca, Esquire ~ ~' 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Telephone (717)258-6844 Attorney I.D. No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition For The Settlement Of A Small Estate In Accordance With 20 PA C.S.A. Section 3102 are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: x;13! ,~./o f~ ~" __ Carole N. Ashby The undersigned party, having an interest in the Estate of ROBERT KR.ALL NELL, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: C~ ~ ~-,, / 1~ ,~'`. Carole N. Ashby Sworn to and subscribed before me thisi~' day of°~~~,~r~~, 2010. Notary{ blic .~.. sou~t ~ My Cp~11MNM ~M ~101r 4~ ?031 WAIVER AND CONSENT The undersigned party, having an interest in the Estate of ROBERT KRALL NELL, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date: ~ ~- 3 ^- ~ ~' Sworn to acid sub€.cribed before me this"=`~ day of ~1~ , 2010. NotarS~ I'u}iie ~-v `7~~-dt~ ~ '~ Joyce R er ;" VVAIti Elt AND CONSENT The undersigned party, having an interest in the Estate of ROBERT KR.ALL I~'ELL, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, a`s said averments apply to the undersigned party. e Rundall Sworn to said subscribed betor:, me this IC~~" iay ,_~~ i^~`lay ~ 2010. Notary Public JESSICA CHRlSTi~ GRr`.PlDE NOTAiiY PUBLIC STATE OF 1~ir1RYLAN~ My Commission Expires June 22.201 i VVANER AND CONSENT The undersigned party, having an interest in the Estate of ROBERT KRALL NELL, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents t~> the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. Date' / o?O/ D Cworn to and su cubed before me this ay of , 2010. ~ ~-a~ ~~ Nt~iary__. Ubi.~ - -------- `\\~~it~ ~ AD E ~i///~~ ~,. •• _~ ~•~ ~~ ~ ~ ~. S~P~~~SP G .~ z ~ J~ :'U Q .•~ //~~~~~i~ HAM~~~~~~~`~~\\\\\ ~~~~~Ni i i i n~~~~~~~ usan Neiles WAIVER AND CONSENT The undersigned party, having an interest in the Estate of ROBERT KRALL HELL, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small. Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition. and Decree, as said. averments apply to the undersigned party. Date: `~~~'~2(j/ A P V1r 1a Hartman Sworn to and subscribed befi~re mc~ this ~~ day o f Yn ~~ , 20l 0. Notary Publie CgMMONWEALTH OF PENNSYLVANIA Notarial Seal 77na M. Andersen, Notary Public Greencastle 9oro, Franklin County MY Camm(ssion Expires peC, 12, 2013 Member, Pennsylvania Associatbn of Notaries ~.e .... ., ~.. . Au g. 31. 2010 11;23AM Third Party Liability COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC yyELFARE BUREAU OF PROGRAM INTEGRITY DN[510N OF THIRD PARTY LIA91Lh'1( CASUALTY UN(1" P.o.BOxeaes HARRISBURG, PA 17'{0.S84f16 August 31, 2010 ANTHONY L. DELCICA 113 FRONT STREET P.O. BOX 3S8 BOZLINCx SPRINGS PA 17007 Re: Robert Nell CIS #; 410363620 Incident Date: 12/18/2008 Dear Anthony L, DeLuca, Esquire: Nu. 5172 P. 2 After careful the Depaxtmeazt has determined the amount owed for Che above estate is $2,923.93. The breakdown is as follows: Assets; refund from Cumberland Crossing was $3,203,50 p3.us the date of death bank statement balance $1,683,80 for an asset total of 54,887.30. Allowable deductions axe as follows: Attorney fee of $400.00, Executor fee (5~) 5249,37, Petition filing fee of $15.00, and a $1,304.00 deduction for flowers, church minister, organist, etching o,f stone, mailings, luncheon etc. Total deductions amounted to $1963.37. Please forward a check made payable to the Department of Public welfare in the amount of 52,923,93 no later than September 15, 2010. Sincerely, ~~ ~~ Karin L. Tyler Claims In~restigation Agent 717-7?2-661.4 717772--6553 EAR