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HomeMy WebLinkAbout08-22-11 (2)COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA NIA ORPHANS' COURT DIVISION FILE N0.21-10-0530 ' o _~, r ; -- C-7 THE ESTATE OF KEVIN M. STAGO ~~ a~r~~ C .. - . --~ J~~_ _ -' ,_ s, FIRSTAND FINAL ACCOUNT OF THOMAS A. STAG ~ ~ JI~. ISTRATOR OF THE ESTATE OF KEVIN M. STAGO ~ ~~ ~ ``~' ,, AND NOW, comes Claimant, Tira L. Stago, and files the following Objection to the First and Final Account of Thomas A. Stago, Jr., Administrator of the Estate of Kevin M. Stago, and in support thereo avers as follows: f 1 ~ Claimant, Tira L. Stago, forwarded documentation to Michael L. Bangs, Es q., attorney for the Estate of Kevin M. Stago, on or about June 15, 2010, indicating a claim of $],854.1 l against the Estate for payment of a mortgage payment on decedent's home. (Copy of said claim is attached as Exhibit A). 2~ Michael L. Bangs, Esq. acknowledged receipt of the claim in a letter dated August l2, 2010. (Copy of said acknowledgment is attached as Exhibit B). 3 ~ The First and Final Account of Thomas A. Stago, Jr., Administrator of the Estate of Kevin M. Stago, does not indicate payment of this claim but indicates assets to pay said claim. WHEREFORE, Claimant, Tira L. Stago, respectfully requests this Court not to confirm the First and Final Account of Thomas A. Stago, Jr., Administrator of the Estate of Kevin M. Stago as it does not properly reflect the debts of the estate. Respectfully submitted, TIRA L. STAGO, CLAIMANT u June 15, 2010 Bangs Law Office Michael Bangs RE: Estate of Kevin M. Stago 429 South 18th Street Camp Hill, PA 17011 Dear Mr. Bangs. Please be advised that I am making a claim against the Estate of Kevin Stago for $1,854.11 for the May 2010 mortgage payment. Enclosed please find a copy of the bank receipt confirming a cash payment paid on May 28, 2010. Additionally, please be advised that I am making a claim against the Estate of Kevin Stago for the amount of $435.28 for payment of the July 2009 home equity loan; and $220.28 for payment of half (50%) of the August 2009 home equity loan. Enclosed please find copies of the cancelled checks confirming both payments. Thank you, '~/~tJ ;~ ~~~_ Tira L. Stago 4ia~hovia Sank ~21{I~.'i.s~i's ='rS iL~EI IS F3T'~2 ~3~k s ~';.Q. ~ ~;IL~ P~Y~'T Tt? RCm~,,'~T e 7J$Q~6~93~~~Z5 Facet ~~f?c:=~ La:~~ 5,?gtLl~1'~ ~~Ji~iJ~27 iL~L fU .~ aa t ~1i: i 'J3T i i~li~G F vtelE'3" ~G3?ni .~w~.VJ .rill .~J .vU a`I .u£3 uc;s'V~tt CI ZCa~.~ZyL JQi~` J..l!~U~ FV T~C~rTFR ~~~i ~~i~ fijviii t}C'i~~.~~a~J _,... _- --.. ,Y • ~ -'""er7~aB die --~.._, ~ ~ ~_.- _- 80p. ~~64 ~rour~s ~? '~~tovia,~(~246g41 HUIa-lt-t/JlU U7: JUH t'KUI'I:I'ill,l-iHtL tiHN~aS~ t51,l. l f 1 f J fJk~- fJl~'J ~~~ ~~ ~~ 419 SOUTH 18TH STREET CAMP HII.L, PA 17011 E-mail: mikebang~t~erizon.net PHONE: 717-730-73 L0 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-at-Law WENDY K. STRAUB, Paralegal August 12, 2010 VIA FACSIMILE 249-4103 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 RE: Estate of Kevin M. Stago Dear Joe; WILLIAM E. MILLER, JR. Of Counsel I hope you had a good vacation. There have been a lot of discussions while you were away and it is important to have this matter move forward expeditiously. If you recall, I had sent you the letter of July 22, 2010 following our discussion on the personal property, the truck, four wheelers and jet skis. While you were gone, Kevin and his mother have retrieved many personal property items (although a lot remain). There have been some disputes in that regard which we have to address. The biggest issue involves the truck, trailer, fow wheelers and jet skis. As I indicated to you, I do not believe it is appropriate for Tom to transfer the truck in kind. You indicated that you would prepare a petition upon yow return to get the court to approve that transfer in kind. I presume that you were also going to do the same thing for the four wheelers, the trailer and jet skis. In the meantime, Kevin has demanded on a number of occasions that Tom turn the title over to him. More significantly for me, however, is that they have been using the truck. This simply cannot continue. The truck is not insured for Kevin or his mother's use and is an asset of the estate. I must insist that you have Kevin turn the keys over to us immediately and agree that he cannot use the truck pending a resolution of the matter. This protects not only the estate but Kevin as well. As I indicated to you, Tom generally didn't have a problem with the transfer of the truck in kind but based upon my analysis of his responsibilities to the estate and to the minor, it is important that we had a court order approving that transfer. However, there is another issue that you and I really need to discuss before everyone goes about trying to get these assets transferred in kind. There has been little if no movement on the sale of the house. Without the sale of the house, the estate in insolvent and will not have the funds necessary to pay the outstanding bills as well as the ietheritance tax. We have paid some but not all of the bills ofthe estate. We currently have approximately $15,000 or so in the estate checking account. I'1U17 1C'C'Ul~J FJ7•'Jl'Ihi ~ fCUI'I~ I'lll.l'IFiGL CiMIYIaJ ~ CJIa. l f 1 f J f JkJ' (J1FJ I V ~ C'Y7`il/JJ r , J Page 2 August 12, 2010 We have a number of outstanding bills separate and apart from the inheritance tax and the administrative costs including my fees that are due. Kevin did not have health insurance at the time of his death and his medical bills alone that are owed are $4,363.33. Tom advanced all the funeral expenses and has not been reimbursed. Those funeral expenses are $14,835.00. While everyone assumes that the house will sell, the question is for how much and when. The outstanding balance on the mortgage on the house is in excess of $286,000. In addition, Tira has made a claim against the house for ongoing mortgage payments and $9,000 per the Property Settlement Agreement. Based upon my rough calculation, the house would have to sell at least for $325,000 at this point to even net out zero after all the outstanding claims are made. I can tell you that the realtor has been advising Tom that the house will not sell for anywhere near what it is listed now and believes that anywhere in the range of $325,000 to $350,000 is a good selling price. Tom does not share that view at this point and is trying to get the most possible. However, if the realtor is accurate, we aze going to be faced with a shortfall. Tom is becoming very upset by the demands made by Kevin and Tira. Kevin just this morning indicated that he had spoken to you and that you instructed him to get the titles so that they could be transferred. I know that that didn't occur, otherwise I would have heard from. you. Nevertheless, this is quite upsetting to Tom in that he is trying to follow my advice yet getting demands from the other end. It is important that you and 1 get this under control immediately and make some decisions in regard to these significant personal property items. I really believe that we may want to rethink transferring these in kind given the liquidity in the estate. From my perspective, it may make more sense to simply sell the assets now to make sure that we have the funds necessary to pay the expenses and then at the time there is a distribution to Kevin, petition the court then for the ability to purchase a car. Please get back to me as soon as possible. Please also confirm with me that you have instructed Kevin not to drive the vehicle and that you will get the keys turned over to us. Thank you. wks cc: Mr. Thomas A. Stago Very truly your, Michael L. Bangs ~i~ J rX~ ~`~ ~~ tf C!