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HomeMy WebLinkAbout07-21-11'~'~LI,~C~r-1. ~~~ DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Kevin M. Stago No. 21-10-0530 £ _- -~. o ~ ~, ~-, ~ F -, <-.~ ~_~ _ ~ i--. C, , z ~ ' - r ~ ~ , :__ . , '~ ~ ~ ;-y . -- ;-r _ ~ -~-, DECEASED PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION 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. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Michael L. Bangs, Esquire Supreme Court LD. No.: 41263 Name of Law Firm: Address: 429 South 18th Street, Camp Hill, PA 17011 Telephone: (717) 730-7310 Fax: (717 730-7374 Form OC-01 rev. 10.13.06 Page 1 of ] 0 ,~ Estate of Kevin M. Stago 1. Name(s) and address(es) of Petitioner(s): Name. Thomas A. Stago, Jr. Address: 932 Wertzville Road Enola, A 17025 Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: N/A 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 April 16, 2010 Q Letters Testamentary or Q Letters of Administration were granted to Petitioner(s) on Mav 24. 2010 Date of Will (if applicable): N/A Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ........ ®J Yes Q No Dates of advertising of the grant of Letters: The Sentinel (June 9, 16 and 23, 20l 0) Cumberland Law Journal (June 1 1, 18 and 25, 2010 Form oc-ni rev. ~o.ls.o6 Page 2 of 10 Estate of Kevin M. Stago ,Deceased 3. Was decedent survived by a spouse? ............................. Q Yes ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes /® No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 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): Kevin M. Stago, Jr. 6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes ®/ No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ~ Yes ~ No If yes, give names and dates of birth: Name: Date of Birth: 7. If 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? .............................. ~ Yes 0 No Form OC-01 rev. 10.13.06 Page 3 Of 1 Estate of Kevin M. Stago 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: Form oc-o~ rev. ~o. X3.06 Page 4 of 10 A. State each party's relationship to the decedent and the nature of each party's interest(s): Estate of Kevin M. S Deceased 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. Kevin A. Stago (son) Tira L. Stago (natural mother of Kevin A. Stago) 147 Tory Circle Enola, PA 17025 C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). Total distribution due minor is less than $25,000.00 ($1,759.34) so the appointment of a guardian is not necessary under 20 Pa. C.S. Section 5101. 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. N/A Forri~oc-ol rev. io.i3.o6 Page 5 of 10 Estate of Kevin M. Stago ,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 Amount of Claim Claim Admitted? Will Claim Be Paid In Full? N/A DYes Q Yes ~No ONo ®Yes Q Yes ~No ©No DYes ®Yes ONo Q No DYes Yes ONo 0 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 ~No Was family exemption allowed? ................................ ®Yes No Family exemption claimant's name and relationship: Name: Relationship: Form oc-01 rev. !0.13.06 Page 6 of 10 Estate of Kevin M. Stago 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 Interest O1/10/1 1 268.70 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 awards 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: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ^ Yes ~ 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. Fora, oc-o~ rev. in.~3.o6 Page 7 of 10 Estate of Kevin M. Stago Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... Q Yes 0 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. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ^ Yes ~ No 18. If a reserve is requested, state amount and purpose. Amount: Purpose: 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 ONo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... OYes ®No As to real estate only? Yes / No Form OC-0l rev. 10.13.06 Page 8 Of 1 Estate of Kevin M. Stago 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 Dzstributee(s) Kevin A. Stago B. Principal: Proposed Disn~ibutee(s) Kevin A. Stago AmounUPropartion 100% Amoa,ndP,•oporRion 100% Submitted By: (fill petitioners must sign. Add additional lines if necessary): Name of Petitioner ho s A. Stago, Jr. Name of Petitioner: ro,~,,, nc-n~ ,-ev. io. i3.o~ Page 9 of 10 F,state of Kevin M. Stago Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heistie is a~~e of the above-named name of Deceased and] that she 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). F ~^ / G~ ~f,.~ - Signature of Petiti er * 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. ,r' ~ ~ ~; ~' j r' l~ r Signature of Counse or~etitioner Formoc-or re.~. ~o.r3.n6 Page 10 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 9, Tune 16 and Tune 23, 2010 COPY OF NOTICE OF PUBLICATION ESTATE NOTICE LETTERS OF ADMINISTRATION on the Estate of KEVIN M. STAGO, late of Silver Spring Township, County of Cumberland, Pennsylvania, deceased, were granted to Thomas A. Stago; Jr., on May 24„ 2010. All persons knowing themselves to be indebted to said Estate are requested to make immediate payment, and those having claims will present them, without delay, to the undersigned. Michael L. Bangs, Esquire 429 South 18 Street Camp Hill, PA 17011 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAM81 ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: June 11 June 18 and June 25 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SW RN TO AND SUBSCRIBED before me this 25 day of June, 2010 /~'( - Notary 8ta8o, Kevia M., deed. Late of Silver Spring Township. NOTARIAL SEAL Administrator: Thomas A. Stago, DEBORAH A COLLINS Jr. Notary Public Attorney: Michael L. Bangs, Es- quire, 429 South 18th Street, CARLISLE BOROUGH, CUMBERLAND COUNTY camp xill, PA 17011. My Commission Expires Apr 26, 2014 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ORPHANS' COURT DIVISION n `=' ~ " ~- ~. ~ ~--~, :~., . ~ z ,. . ~`~'^~~ FILE N0.21-10 - 0530 ~ ~ ~ ~'' ~- ~~ ~ -- ~ FIRST AND FINAL ACCOUNT OF ;`? l- ~~~' - - - ~_'=' Thomas A. Stago, Jr., Administrator of the -1~~ `:=' `- ESTATE of KEVIN M. STAGO, Deceased " `~~ ~ ~~ Late of Silver Spring Township, Cumberland County, Pennsylvania - Date of Death: April 16, 2010 Date of Grant of Letters of Administration to Thomas A. Stago, Jr. May 24, 2010 Date of First Advertisement of Letters: Cumberland Law Journal June 11, 2010 The Sentinel June 9, 2010 Date of Accounting April 16, 2010 to July 22, 2011 PURPOSE OF ACCOUNTING: Thomas A. Stago, Jr., Administrator, offers this Account to acquaint interested parties with the transactions that have occurred during this administration. It is important that the Account be carefully reviewed. Requests for additional information or questions can be discussed with: Michael L. Bangs, Esquire Bangs Law Office Attorney Identification Number 41263 429 South 18~' Street, Camp Hill, PA 17011 (717) 730-7310 SUMMARY OF ACCOUNT _ _ - - - - - PRINCIPAL Receipts of Principal LESS DISBURSEMENTS _ _ _- - Debts of Decedent Administrative Expenses - --- Attorney's Fees - _ - Administrator's Fe_e Accountant Fees - _ __ - _ Receipts of Income _ _ - - - - -_ PAGE -- -~ -- _ __- - - - - -- -t -- - - _- -- - ~- - - - -_ _ _- _ ~ -- - - ~ - - - -- C i-- ~- 3 _ -- -- -- ~ $34,905.79' _ _- _ -_ ' - - - - - - _ ~ _ 4_~- _ $5,296.85 $18 402.40 ~ - - - ---- T - S $7,SOO.OOI _ -- , -- - - - 5 ' - -- 5 $0.00 ~ --_ - - - - - ~-- : _ - $0.00 -- _ ~-- - - - -- $31,199.25 - ~ -_ - - -- _- - r -- - - ~ -_ -t- _ - 61 - ~ _ ._ _ -- - - $2.10 -_ -_ - COMBINED BALANCE ON HAND $3,708.64 - - -- - ~ -_ - - - ~ - - - -- _ _ - --- .PROPOSED SCHEDULE OF DISTRIBUTION ~ 7 VERIFICATION Page 2 RECEIPTS OF PRINCIPAL ~I PRINCIPAL __ DATE (RECEIPTS --- - - --- - _-_ _- - ,~ -- - _r_ I --- -- 9 2010 Members 1st Federal Credit Union - - -- ' $7,185.58 7/28/2010 Proceeds from sale of taxidermy animals -- - - _ - I $9,600.00 8/23/2010 Sale of log sputter - _ __ - -. -~_ _ t - $660.00 ; 10/ 11 /2010 ;Refund from Erie Insurance _ - - - $15 9 00 - - 11/9/2010 Further refund from Erie Insurance -- _ -- ~ - _- - - ~ _ . r $962.00 27 2010 ~ Sale of pickup truck - - - -- _ $10,000.00 12/27/2010 Sale of pool table -_ - - - _ _ i , $250.00 1/4/2011 Sale of vacuum cleaner and sectional furniture - . - - _ - --- - - - _ _ __ $350.00 7 2011 Sale of various prints- - - - - -- - - ~ _ - -- - ~~ $430.00 2/8/2011 Refund from Capital One credit card - _- - _ --- -__ - ~- $ 1,3 09.21 2/8/2011 Sale of 4x4 --_ - - - __-- - - - - -- _ . _ . ~ $2 000.00 6/5/2011 'Sale of fourwheeler - --- - _ --- - -- - - -- --- - $2,000.00 - - - - - -- - RINCIPAL RECEIPTS , -- -- - $34,905.79 - _ --- - - rt _- -- - Page 3 DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT -r _-- -- 6/10/2010,PP&L (3/23/10 to 5/21/10) - - - -. 6/10/2010'Penn Waste - - --fi _ _ _ _-- _ - _ -- 7/1/2010'PP&L (5/21/10 to 6/22/10) - _ _- - --- 7/22/2010'Erie Insurance (installment on automobile insurance) _ _ -- -- - __ _ _ 8/23/20101,PP&L (6/22/10 to 7/22/10) 8/23/2010'Erie Insurance installment on automobile insurance) _ - -- ~~ - -- - 9/10/2010'~,Penn Waste - - -- 9/7/2010iPP&L (7/22/10 to 8/20/10) -- - --- - - - - 9/7/2011 Erie Insurance (installment on automobile insurance) 9/7/2011 IPP&L (8/20/10 to 9/21/10) 11 /9/2010 PP&L (9/21 / 10 to 10/20/ 10) - ~ -- -- - - -- - 12/17/2010''~PP&L(10/20/10 to 11/18/10) -- - - --- - -- 1 /4/2011 ~ PP&L (final bill) - -- - - 1/12/2011 Computer Credit, Inc. (Holy Spirit Hospital bill) - 1/12/201 I~DCM Services (Chase Credit Card) - - -_ 1/12/2011 NCO Financial Systems (Verizon account) _ _ -- -_ 1/12/2011 West Shore EMS ___ ~ - 1 / 12/201.1 ~ Silver Spring Ambulance _ - - - - - - - -- ' TOTAL DEBTS OF DECEDENT: )ATE ,ADMINISTRATIVE EXPENSES 4/19/20101Reimbursement to Administrator a ent to Woodlawn Memorial Gardens; ~ _ _ _ in $2,320.70' -_ . f 4/17/2010 Reimbursement to Administrator a ment to Woodlawn Memorial Gardens (P Y __- _ _ $1 495 00 - / (graveopening/closing) _ , . -- - - -__ 18 2010 'Reimbursement to Thomas A. Sta o Jr. (payment to Sullivan Funeral Homer --- -- - $8,330.00 (p -_ - ,~ 4/24/2010 y .Reimbursement to Thomas A. Sta o Jr. a ment to Word of Grace Church)' g _ -- - - __ _ - - $700.00 - - _ 5/20/2010 Register of Wills (probate fees) -- ~ __ _ - - - $184.50 _ _ - - 5/28/2010'Cumberland Law Journal (advertising fee)- - $75.00' _ Postmaster ' 1 -_ -_ - _ - _ $6.66 - 7/ 1 /2010 'Gateway Gallery Auction, LLC (personal property appraisal) - -_ - -- $447.50 . 7 16/2010 !The Sentinel (advertising fee) - _ _ - _ _ - - - $145.06 - 7 2010;Postmaster ___- - - - - -_ $6.32 - - - - _, 1 7/2011' Register of Wills (inheritance tax due) -_ - _ -- -- $268.70 _ -- - jRegister of Wills (filing fee for inheritance tax return and inventory) - - -- $30.00' _ Woodlawn Memorial Gardens (grave marker) -- - - -- $2 002 .64 7/5/2011 I Wildlife Studios ~ _ - - _ - -- _ - _--- - _ - _ _. $2,081.1 mas A. Sta o Jr. reimbursement for various ex enses for house ~- - 1- p g -' - -_ - - ) 7/22/2011 R f ill -- $179.20 - _ -- _ - e aster o W s Accountin filin fee _g~__ ( g g ) ~ - $130.00 -- _ _ TOTAL ADMINISTRATIVE EXPENSES: _ $18,402.40 ~, Page 4 DISBURSEMENTS OF PRINCIPAL DATE FEES AND COMMISSIONS ,Michael L. Bangs, Esquire .(attorney fees) (to be paid) __ - 'TOTAL FEES: __ F _ --_ _ -__ ___ - TOTAL DISBURSEMENTS OF PRINCIPAL: __ __ - -_ _ __ -- -~_ _ --_ __ __ $7,500.00 T $7,500.00 l_ $31,199.25.. Page r`,.' RECEIPTS OF INCOME - ___ INCOME 1--- DATE - 'RECEIPTS __ 7/9/2010 -r- _ ,Interest on estate checking account 8/9/2010 !,Interest on estate checking account 9/9/2010 - - ,Interest on estate checking account 10/8/2010 - _ _ -- - Interest on estate checking account - -- - -- 11/9/2010 _ Interest on estate checking account ----- 12/19/2010 Interest on estate checking account 1/7/2011 Interest on estate checking account 2/9/2011 'Interest on estate checking account 3/9/2011 _ _ _ Interest on estate checkin account g __ 4/8/2011 __~__ _ _ _ -- -- - --- - ,'Interest on estate checking account ,.5/9/2011 I Interest on estate checking account - _- -- 6/9/2011 Interest on estate checking account 7/5/2011 _. --- -_ __ Final interest on checking account __ - ~ __ __ 'TOTAL INCOME RECEIPTS __ , -- -- 1 - ~-- __: -- __ $2.10 Page 6 PROPOSED SCHEDULE OF DISTRIBUTION OF REMAINING PRINCIPAL AND INCOME Page 7 AFFIDAVIT THOMAS A. STAGO, JR., Administrator of the Estate of Kevin M. Stago, deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that, to the best of his knowledge, there are no claims now outstanding against the estate; that all taxes presently due from the estate have been paid; and that more than four months have elapsed since the first complete advertisement of the granting of letters in this estate. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. SUBSCRIBED AND SWORN TO BEFO .; M THIS ~_ DAY OF 2011. Notary Publi Thomas A. Stago, J . CO~IAMOMWEAl1N Of PENNSYIYANI NOTARIAL SEAL` YifenQy K. Stroub. Notary Public 4owor Allon Towntfifp, CumO~rlsn4 Count My Comnef~sion E:piro~ Moy 10, ZOl!) REQUEST FOR DISTRIBUTION Accountant requests that distribution be determined by the Court in accordance with the Schedule of Proposed Distribution filed as part of this account. Thomas A. Stago, Jr. Page 8