HomeMy WebLinkAbout03-0400FAX TRANSMITTAL
CAI, L (717]),,qO-~jlJ~"i"Ol~ ANY INQUIRIES
FROM:
County of Cumberland
One Courthouse Square
Carlisle. PA 17013-3387
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Sco~ A. Sa'~I~, ESQUIRE
ATTORNEY AT LAW
LAW OFFICES OF P~ER J. RtJsso, EC.
The Chelsea Building
3800 Market
Camp Hill, PA 1701
PH: (717) 591-1755 FAX: (717) 591-1756
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORPHANS COURT DIVISION
PETITION TO COMPEL THE GRANTING
OF LETTERS OF ADMINISTRATION
AND NOW, comes Petitioners, Pamela Straub, Larry Straub, Jr., Vince Straub, and
Annette Davis, children of the decedent, by and through their attorney, Law Offices of Peter J.
Russo, and submits the following in support of their petition:
1. Petitioners are the adult natural born children of the above captioned decedent.
2. Decedent, Larry Straub, Sr. died intestate on March 11, 2002, and at the time of
death decedent's last principal residence was 500 Shed Road, Lot 9, Newville, Cumberland
County, Pennsylvania.
3. At the time of his death, the decedent left behind the petitioners, a surviving
spouse, Bonnie L. Straub, who was not the natural mother of petitioners, and three stepchildren.
The above named decedent died intestate and no letters of administration have
been issued.
5.
In September 2002, Bonnie Straub advised Petitioners that the decedent's home
and personal property had been sold.
6. On or about May 6, Petitioners read an advertisement announcing the sale of the
decedent's home and all personalty within the home by means of an auction to occur on May 12,
2003 at 4:30 p.m.
7 This is the same property that was allegedly sold prior to September 2002.
8. Among the items listed for sale by the auction company are number of Straub
family heirlooms and other property that was intended by the decedent to be passed to his natural
bom children.
9. A number of other items that were to be passed to the children are not listed for
sale and have potentially been disposed of without having passed through the estate as required
by the Probate Code.
10. The decedent has been dead for more than fourteen (14) months and the funeral
costs have not yet been paid, despite the receipt of substantial funds by Mrs. Straub for that
purpose from Petitioners.
11. Bonnie Straub, the surviving spouse, has not applied for the grant of letters of
administration and has allowed many items that are to pass through the estate of decedent to be
sold or disposed of by other means.
12. As the surviving spouse, Mrs. Straub would be entitled under the Probate Code,
20 Pa. C.S.A. §3158.
13. Petitioners would submit, that the actions of Mrs. Straub during the last fifteen
(15) months and in particular, her current attempt to dispose of personal property of the decedent
without approval or consultation o£the other heirs and the failure to obtain letters of
administration, demonstrate the injury that may occur if she would be granted letters of
administration.
14. Petitioners submit that granting her letters would likely jeopardize the interests of
the estate to the detriment of the remaining heirs and to the benefit of the surviving spouse and
her natural children, all of whom are not heirs to the estate.
15. Petitioners request that the court compel the granting of letters of administration,
that Bonnie Straub me excluded from receiving letters and that letters be granted to one or more
of the surviving natural children of the decedent.
WHEREFORE, Petitioners request this Honorable Court to compel the Registrar of
Wills to grant letters of administration to one or more of them and that the surviving spouse be
excluded from receiving letters pursuant to 20 Pa. C.S.A. §3182.
By:
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
S~c~t A. Stein, Esquire"' '"
PA ID No. 81738
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Petitioners
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORPHANS COURT DIVISION
VERIFICATION
I, Pamela Straub, hereby swear and affirm that the facts in the forgoing Petition for
Injunctive Relief are tree and correct to the best of my knowledge, information, and belief and are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Pamela Straub
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORPHANS COURT DIVISION
PETITION TO COMPEL THE GRANTING
OF LETTERS OF ADMINISTRATION
AND NOW, comes Petitioners, Pamela Straub, Larry Straub, Jr., Vince Straub, and
Annette Davis, children of the decedent, by and through their attorney, Law Offices of Peter J.
Russo, and submits the following in support of their petition:
1. Petitioners are the adult natural bom children of the above captioned decedent.
2. Decedent, Larry Straub, Sr. died intestate on March 11, 2002, and at the time of
death decedent's last principal residence was 500 Shed Road, Lot 9, Newville, Cumberland
County, Pennsylvania.
3. At the time of his death, the decedent left behind the petitioners, a surviving
spouse, Bonnie L. Straub, who was not the natural mother of petitioners, and three stepchildren.
The above named decedent died intestate and no letters of administration have
been issued.
5.
In September 2002, Bonnie Straub advised Petitioners that the decedent's home
and personal property had been sold.
6. On or about May 6, Petitioners read an advertisement announcing the sale of the
decedent's home and all personalty within the home by means of an auction to occur on May 12,
2003 at 4:30 p.m.
7 This is the same property that was allegedly sold prior to September 2002.
8. Among the items listed for sale by the auction company are number of Straub
family heirlooms and other property that was intended by the decedent to be passed to his natural
born children.
9. A number of other items that were to be passed to the children are not listed for
sale and have potentially been disposed of without having passed through the estate as required
by the Probate Code.
10. The decedent has been dead for more than fourteen (14) months and the funeral
costs have not yet been paid, despite the receipt of substantial funds by Mrs. Straub for that
purpose from Petitioners.
11. Bonnie Straub, the surviving spouse, has not applied for the grant of letters of
administration and has allowed many items that are to pass through the estate of decedent to be
sold or disposed of by other means.
12. As the surviving spouse, Mrs. Straub would be entitled under the Probate Code,
20 Pa. C.S.A. §3158.
13. Petitioners would submit, that the actions of Mrs. Straub during the last fifteen
(15) months and in particular, her current attempt to dispose of personal property of the decedent
without approval or consultation of the other heirs and the failure to obtain letters of
administration, demonstrate the injury that may occur if she would be granted letters of
administration.
14. Petitioners submit that granting her letters would likely jeopardize the interests of
the estate to the detriment of the remaining heirs and to the benefit of the surviving spouse and
her natural children, all of whom are not heirs to the estate.
15. Petitioners request that the court compel the granting of letters of administration,
that Bonnie Straub me excluded from receiving letters and that letters be granted to one or more
of the surviving natural children of the decedent.
WHEREFORE, Petitioners request this Honorable Court to compel the Registrar of
Wills to grant letters of administration to one or more of them and that the surviving spouse be
excluded from receiving letters pursuant to 20 Pa. C.S.A. §3182.
By:
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
Scc~tt A. Stein, Esqun'e
PA ID No. 81738
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Petitioners
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORPHANS COURT DIVISION
VERIFICATION
I, Pamela Stmub, hereby swear and affirm that the facts in the forgoing Petition for
Injunctive Relief are mae and correct to the best of my knowledge, information, and belief and are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Pamela Straub
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
ORDER OF COURT
AND NOW, this_ day of May 2003, upon consideration of the attached Petition
to Compel the Granting of Letters of Administration, Petitioner's requested relief is hereby
GRANTED.
The Registrar of Wills is hereby ordered to grant letters of administration to the following
persons pursuant to 20 Pa. C.S.A. §3182 and §3158:
Pamela Straub
Larry Straub, Jr.
Vince Straub
Annette Davis
BY THE COURT,
Judge
HAY ~2 2003
IIN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BONNIE L. STRAUB and ROY
GOTTSHALL, AUCTIONEER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
~o. & I-.. b.3 -
ORPHANS COURT DIVISION
ORDER AWARDING SPECIAL RELIEF
AND NOW, this ~ day of May 2003, upon application for a preliminary
injunction on motion of Petitioners, this Honorable Court hereby orders that Defendants Bonnie
L. Straub and Roy Gottshall be hereby enjoined, prohibited and restrained from selling or
otherwisa disposing.of the real estate anfl personal property. .of the Decedent, L .mT'y Straub, Sr~ ~,~rl
--The Auction scl/eduled for May 12, 2003, at 4:30 p.m. is stay, ed until further Or, der of
,~ ~,..,;., ,,., ...,t, ~ t4,,. /,,4-,-.~ ',,/~' ~, ,.,~#"J/ ,,/-/
· - -, BY THE COURT,
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
Vm
BONNIE L. STRAUB and ROY
GOTTSHALL, AUCTIONEER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORPHANS COURT DIVISION
MOTION FOR SPECIAL RELIEF
AND NOW, COMES Petitioners, Pamela Straub, Lan'y Straub, Jr., Vince Straub, and
Annette Davis, children of the decedent, by and through their attorney, Law Offices of Peter J.
Russo, and moves this Honorable Court for a preliminary injunction and permanent injunction
enjoining Bonnie L. Straub and Roy Gottshall, their agents, servants, employees, attorneys and
all persons acting in concert with the Defendants, pending the final hearing and determination of
this action, from auctioning off, selling, or otherwise disposing of the real estate and the personal
property belonging to the estate of Larry Straub, Sr., Deceased, and in support thereof,
Petitioners aver as follows:
1. Petitioners are the adult natural bom children of the above captioned decedent.
2. Petitioners have a beneficiary interest in the estate of the decedent, Larry Straub,
Sr. by virtue of their status as the surviving natural bom children.
3. Decedent, Larry Straub, Sr. died intestate on March 11, 2002, and at the time of
death decedent's last principal residence was 500 Shed Road, Lot 9, Newville, Cumberland
County, Pennsylvania.
4. At the time of his death, the decedent left behind the petitioners, a surviving
spouse, Defendant Bonnie L. Straub, who was not the natural mother of petitioners, and three
stepchildren.
5. The above named decedent died intestate and no letters of administration have
been issued.
6. In September 2002, Bonnie Straub advised Petitioners that the decedent's home
and personal property had been sold.
7. On or about May 6, Petitioners read an advertisement announcing the sale of the
decedent's home and all personal property within the home by means of an auction to occur on
May 12, 2003 at 4:30 p.m.
8. The Auction is to be conducted by Roy Gottshall, License number AU356L, 113
Forge Road, Boiling Springs, Pennsylvania.
9. This is the same property that was allegedly sold prior to September 2002.
10. Among the items listed for sale by the auction company are number of Straub
family heirlooms and other property that was intended by the decedent to be passed to his natural
bom children.
11. A number of other items that were to be passed to the children are not listed for
sale and have potentially been disposed of without having passed through the estate as required
by the Probate Code.
12. Unless Defendants are effectively enjoined and restrained from selling or
disposing in any way the property of the decedent, Petitioners will suffer immediate and
irreparable harm in the following respects:
a. Decedent had a number of items that he had intended to be passed to his
children upon his death, specifically, but not limited to, an antique Keystone kitchen cabinet, a
collection of guns, and tools.
b. Petitioners believe and therefore aver that once these items are sold away
at auction, they will never be able to recover those items that were family heirlooms passed
down from generation to generation.
c. Petitioners believe and therefore aver that once these items are sold, they
will never be able to obtain a full and fair inventory and accounting of the estate and their
inheritance.
d. Petitioners believe and therefore aver that the funds gained by the sale of
the real estate and the personal property will go to the benefit of the surviving spouse and her
natural children to the detriment of the decedent's children.
13. Defendant Bonnie Straub will be unjustly enriched as a result of her wrongful and
inequitable conduct.
14. The issuance of the preliminary injunction is reasonably suited to abate
Defendant's wrongful and inequitable conduct.
15. The issuance of the preliminary injunction will not cause undue inconvenience or
loss to the Defendants but will prevent irreparable injury to the Petitioners and the failure to
grant said injunction will result in greater injury to Petitioners than may come to Defendants as a
result of the granting of said injunction.
16. Petitioners have no adequate or effective remedy at law to redress the harm and
injury that will be caused by Defendants' unauthorized and inequitable actions.
17. Plaintiff is likely to succeed in proving at trial that Defendant's activities are
actionable and enjoinable.
18. The issuance of the preliminary injunction and the enjoinment of the sale or other
disposition of the real estate and personal property of the Decedent will properly restore the
parties to their status as it immediately existed prior to the alleged wrongful and inequitable
conduct.
WHEREFORE, the Petitioners, needing equitable relief, prays:
a. That this Honorable Court issue the writ of injunction preliminarily until
final heating, and perpetually thereafter, prohibiting and restraining said Defendants
Bonnie Straub and Roy Gottshall from selling or otherwise disposing of the real estate
and personal property of the Decedent, Larry Straub, Sr. until an administrator is granted
letters of administration and an inventory and accounting of the estate can occur; and
b. Any other general relief deemed appropriate by this Honorable Court.
By:
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
S~ott A. Stein, Esqu'r~
PA ID No. 81738
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Petitioners
Date: Friday, May 09, 2003
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
Ve
BONNIE L. STRAUB and ROY
GOTTSHALL, AUCTIONEER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORPHANS COURT DIVISION
VERIFICATION
I, Pamela Straub, hereby swear and affirm that the facts in the forgoing Petition for
Injunctive Relief are tree and correct to the best of my knowledge, information, and belief and are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Pamela Straub
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BONNIE L. STRAUB and
ROY GOTTSHALL,
AUCTIONEER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-400
ORDER OF COURT
AND NOW, this 16th day of May, 2003, upon
consideration of the Motion for Special Relief filed on
behalf of Pamela Straub, Larry Straub, Jr., Vince Straub,
and Annette Davis, and following a hearing pursuant to the
Order of Court dated May 12, 2003, at which no one
appeared, the preliminary injunction issued on May 12,
2003, is dissolved.
Scott A. Stein, Esquire
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
For the Petitioners
By the Court,
J~lWesley 0~::, Jr., ~J...u!.
wcy
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BONNIE L. STRAUB and
ROY GOTTSHALL,
AUCTIONEER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-400
ORDER OF COURT
AND NOW, this 16th day of May, 2003, upon
consideration of the Motion for Special Relief filed on
behalf of Pamela Straub, Larry Straub, Jr., Vince Straub,
and Annette Davis, and following a hearing pursuant to the
Order of Court dated May 12, 2003, at which no one
appeared, the preliminary injunction issued on May 12,
2003, is dissolved.
Scott A. Stein, Esquire
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
For the Petitioners
wcy
By the Court,
j We~sle~y~O~Jr.,
Scott A. Stein, Esquire
Attorney I.D. No. 81738
LAW OFFICES OF PETER J. RUSSO, P.C.
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
FAX (717) 237-7105
Attorney for Petitioners
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-400
PRAECIPE TO WITHDRAW THE PETITION FOR CITATION
TO COMPEl, APPLICATION FOR LETTERS OF ADMINISTRAIiON
TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY:
Petitioners have decided not to pursue the above captioned matter. Accordingly, kindly
withdraw the Petition for Citation to Compel Application for Letters of Administration of
Petitioners, Pamela Straub, Larry Straub, Jr., Vincent Straub, Annette Davis, and Christine
Matthews.
Dated:
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
Scott A. Stein, Esquire
Attorney for Petitioners
LAW OFFICES OF PETER J. Rvsso, P.C.
ATTORNEYS AT LAW
3800 Market Street
Camp Hill, PA 17011
Peter J. Russo, Esquire
Melissa M. Mehaffey, Paralegal
Scott A. Stein, Esquire
Wednesday, August 06, 2003
Donna M. Otto, First Deputy
Office of Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
RE: IN RE: ESTATE OF LARRY STRAUB~ SR. DECEASED
NO. 21-03-400
Dear Ms. Otto:
Enclosed for filing please find a Praecipe to Withdraw the Petition for Citation to
Compel Application for Letters of Administration. Please return a timed stamped copy to
me in the envelope provided.
Thank you for your kind attention to this matter.
SAS/paw
Enclosure
cc: Debra K. Wallet, Esquire (w/encl.)
Ralph H. Wright, Jr., Esquire (w/encl.)
Very truly yours,
Law Offices of Peter J. Russo, P.C.
Scott A. Stein, Esquire
PHONE: (717) 591 - 1755 THE CHELSEA BUILDING FAX (717) 591-1756
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITATION
To Bonnie L. Straub, at the instance of Pamela Straub, Larry Straub, Sr., Vincent Straub,
Annette Davis, and Christine Matthews, by their attorney, Law Offices of Peter J. Rnsso, P.C.,
GREETINGS.
You are hereby cited to appear before me, ~OtqMfi--- ~(~17(5 , First Deputy
Re ' ' . 7-t4
grater of Wills, of Cumberland County, Pennsylvama on or before the _/7' day of ~/_.',-{
,2003, at my office at C., q6rqru& (20cc r' cc0,_-r ¢c show cause why
letters of administration in the Estate of Larry Straub, Sr. should not be granted to Pamela
Straub, Larry Straub, Sr., Vincent Straub, Annette Davis, and Christine Matthews, or their
nominee, to administer the assets of said Decedent's in Pennsylvania.
this
Given under my hand and seal of office, at
day of X,~'i ~ ,x_,[ ~ ,2003
First Deputy Register of Wills
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
PETITION FOR CITATION TO COMPEL ~ ¥
APPLICATION FOR LETTERS OF ADMINISTRAT~)~
PURSUANT TO 20 Pa Cons. Stat. Ann §3155 .~ii_ ' '
~.,
The Petition of Pamela Straub, Larry Straub, Jr., Vincent Straub, Annette
TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY:
Davis, and
Christine Matthews respectfully represent that:
1. Petitioners are the adult natural bom children of the above captioned decedent.
2. Decedent, Larry Straub, Sr. died intestate on March 11, 2002, and at the time of
death decedent's last principal residence was 500 Shed Road, Lot 9, Newville, Cumberland
County, Pennsylvania.
3. At the time of his death, the decedent left behind the petitioners, a surviving
spouse, Bonnie L. Straub, who was not the natural mother of petitioners, and three stepchildren.
4. The above named decedent died intestate and no letters of administration have
been issued.
5. In September 2002, Bonnie Straub advised Petitioners that the decedent's home
and personal property had been sold.
6. On or about May 6, Petitioners read an advertisement announcing the sale of the
decedent's home and all personalty within the home by means of an auction to occur on May 12,
2003 at 4:30 p.m.
7 This is the same property that was allegedly sold prior to September 2002.
8. Among the items listed for sale by the auction company are number of Straub
family heirlooms and other property that was intended by the decedent to be passed to his natural
bom children.
9. A number of other items that were to be passed to the children are not listed for
sale and have potentially been disposed of without having passed through the estate as required
by the Probate Code.
10. The decedent has been dead for more than fourteen (14) months and the funeral
costs have not yet been paid, despite the receipt of substantial funds by Mrs. Straub for that
purpose fi.om Petitioners.
11. Bonnie Straub, the surviving spouse, has not applied for the grant of letters of
administration and has allowed many items that are to pass through the estate of decedent to be
sold or disposed of by other means.
12. As the surviving spouse, Mrs. Straub would be entitled to the granting of letters of
administration under the Probate Code, 20 Pa. C.S.A. §3155.
13. Petitioners would submit, that the actions of Mrs. Straub during the last fourteen
(14) months and in particular, her current attempt to dispose of personal property of the decedent
without approval or consultation of the other heirs and the failure to obtain letters of
administration, demonstrate the injury that may occur if she would be granted letters of
administration.
14. Petitioners submit that granting her letters would likely jeopardize the interests of
the estate to the detriment of the remaining heirs and to the benefit of the surviving spouse and
her natural children, all of whom are not heirs to the estate.
WHEREFORE, Petitioners request that a citation issue directed to Bonnie L. Straub to
show cause why she should not appear before the Register of Wills of Cumberland County,
Pennsylvania, to show cause why letters of administration should not be granted to Pamela
Straub, Larry Straub, Jr., Vincent Straub, Annette Davis, and Christine Matthews or their
nominee, to administer the assests of Larry Straub, Sr., Deceased, in Pennsylvania.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
Scott A. Stein, Esquire'
PA ID No. 81738
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Petitioners
IN RE: ESTATE OF
LARRY STRAUB, SR.,
DECEASED
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
VERIFICATION
I, Larry Straub, Jr., hereby swear and affirm that the facts in the forgoing Petition for
Citation to Compel Application for Letters of Administration are tree and correct to the best of my
knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904
relating to unswom falsification to authorities.
Date:
Larry~t~ub, Jr. /, .4
IN RE: ESTATE OF
LARRY STRAUB, SR.
DECEASED
BEFORE THE REGISTER OF WILLS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 21-03-400
ANSWER TO PETITION FOR CITATION TO COMPEL
APPLICATION FOR LETTERS OF ADMINISTRATION
PURSUANT TO 20 PA. C.S.A. §3155
Bonnie Straub, widow of decedent, Larry Straub, Sr., by and through her attorney
Debra K. Wallet, Esquire, responds to the Petition as follows:
1. It is ADMITTED that the Petitioners are the adult natural born children of
Decedent. It is further pleaded, upon information and belief, that Christine Matthews is no
longer an intestate heir of Decedent by virtue of her lawful adoption by a man other than
Decedent.
2. ADMITTED.
3. ADMITTED. It is believed that Christine Matthews is not the intestate heir of
Decedent by virtue of her adoption by a man other than Decedent.
4. ADMITTED.
5. It is ADMITTED that Bonnie Straub has attempted to sell the home on 500 Shed
Road, Newville, Cumberland County, Pennsylvania, which property was entireties property by
virtue of deed dated October 23, 1992.
6. Bonnie Straub has no knowledge of when Petitioners may have read an
advertisement announcing the sale of the home and some personalty w~ that ~ome.
ADMITTED that the auction of the real and personal property occurred on May 12, 2003 at
4:30 p.m.
7. It is ADMITTED that Bonnie Straub has attempted on several occasions to sell
the home on 500 Shed Road, Newville, Cumberland County, Pennsylvania, which property
was entireties property by virtue of deed dated October 23, 1992.
8. It is DENIED that any property was "intended by the decedent to be passed to
his natural born children." It is further DENIED that the items listed for sale included "family
heirlooms." To the contrary, the items listed for sale consisted of furniture and various
personal property belonging to both the Decedent and Bonnie Straub located at 500 Shed Road.
The intent of the Decedent, by virtue of a Bankruptcy Petition filed January 25, 2001 and
signed by Decedent "under penalties of perjury" was that all household goods and tangible
personal property was jointly owned with his wife. Upon his death, Bonnie Straub became the
owner of all of this property by operation of law.
It is DENIED that any items are to be "passed to the children" or "passed
through the estate as required by the Probate Code."
sale constituted entireties property.
To the contrary, all such items listerl~
10. It is ADMITTED that approximately fourteen months have passed since
Decedent's death on March 11, 2002. It is DENIED that the funeral costs have not been paid.
To the contrary, all funeral costs have now been paid by Bonnie Straub or her church. It is
further DENIED that any funds were received by Bonnie Straub from Petitioners for the
purpose of paying the funeral expenses. To the contrary, all funeral expenses were paid by
Bonnie Straub or her church.
11. It is ADMITTED that Bonnie Straub has not applied for the Grant of Letters of
Administration. It is DENIED that there are any "items that are to pass through the estate of
decedent." To the contrary, there is no intestate estate because all items were entireties
property. In the alternative, any arguably non-entireties property fails to exceed the costs of
the funeral and medical expenses and family exemption.
12. ADMITTED.
13. It is DENIED that any action on the part of Bonnie Straub has been in violation
of the Probate Code. To the contrary, there is no estate to be administered. In the alternative,
there is no estate to be distributed to any heirs because the expenses exceed the assets of the
estate. It is further DENIED that there would be injury if Bonnie Straub would be granted
Letters of Administration.
14. It is DENIED that any action on the part of Bonnie Straub has been in violation
of the Probate Code. To the contrary, there is no estate to be administered. In the alternative,
there is no estate to be distributed to any heirs because the expenses exceed the assets of the
estate. It is further DENIED that there would be any injury to the estate or to the Petitioners
if Bonnie Straub would be granted Letters of Administration.
WHEREFORE, Bonnie Straub requests that the Register of Wills conclude that Letters
of Administration need not be granted to any party. In the alternative, Letters of
Administration should be granted to Bonnie L. Straub should such action be deemed necessary.
In the second alternative, in view of the strained relationship between the Petitioners and the
surviving spouse, an independent third party should be granted Letters of Administration and
all expenses should be surcharged to the Petitioners.
Bonnie Straub further requests that the Petitioners be required to pay her reasonable
attorney's fees expended to defend this frivolous petition, particularly after efforts to resolve
this petition amicably were unsuccessful.
Respectfully submitted,
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1300
I.D. No. 23989
IN RE: ESTATE OF
LARRY STRAUB, SR.
DECEASED
BEFORE THE REGISTER OF WILLS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 21-03-400
VERIFICATION
I, Bonnie L. Straub, hereby swear and affirm that the information contained in
foregoing Answer is true and correct to the best of my knowledge, information and belief and
these statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
IN RE: ESTATE OF
LARRY STRAUB, SR.
DECEASED
BEFORE THE REGISTER OF WILLS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 21-03-400
PROOF OF SERVICE
I, Debra K. Wallet, Esquire, hereby certify that on July 17, 2003, I served a copy of
the attached ANSWER TO PETITION FOR CITATION TO COMPEL APPLICATION
FOR LETTERS OF ADMINISTRATION PURSUANT TO 20 PA C.S.A. §3155 by
personally handing a copy to:
Scott A. Stein, Esquire
Law Offices of Peter J. Russo, P.C.
3800 Market Street
Camp Hill, PA 17011
Debra K. Wallet, Esq.
24 North 32aa Street
Camp Hill, PA 17011
(717) 737-1300
I.D. No. 23989
DEED
year of our Lord one thousand nine hundred ninety-two (1992)
BETWEEN JAMES A. BEAR and LYNDA L. BEAR, his wife, of Findley,
Ohio,
GRANTORS,
and
LARRY E. STRAUB, SR. and BONNIE L. STRAUB, his wife,
of Cumberland County, Pennsylvania,
GRANTEES, C~
WiTi~ESSETH, that in consideration cf Forty-Nine Thousand Nine =:
Hundred ($49,900.00) Dollars, in hand paid, the receipt whereof c~
is hereby acknowledged, the said Grantors do hereby grant and cD
convey to the said Grantees, their heirs and assigns, as tenants cD
by the entirety: -u
ALL THAT CERTAIN tract of land with the improvements thereon
erected situate in Lower Mifflin Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pin in the dedicated
right-of-way of Township Road T-412 in common corner of Lots No.
9 and 10; thence along the said dedicated right~of-way of
Township Road T-412, South 24 degrees 40 minutes East 127.12 feet
to a point at the intersection of the said Township Road T-412
and Township Road T-415; thence along dedicated right-of-way line
of said roads on a curve to the right having a radius of 57.98
feet, an arc distance of 97.69 feet to a point in the dedicated
right-of-way line of the said Township Road T-415; thence along
said right-of-way of Township Road T-415, South 71 degrees 52
minutes 5 seconds West 136.3 feet to an iron pin in corner of
lands now or formerly of Charles L. Bear; thence along lands now
or formerly of Charles L. Bear, North 24 degrees 40 minutes West
169.21 feet to an iron pin in common corner of Lots No. 9 and 10
and lands now ow formerly of Charles L. Bear; thence along co~on
boundary of Lot No. 9 herein conveyed and Lot No. 10 of the
hereinafter mentioned subdivision plan, North 65 degrees 20
minutes East 200.00 feet to an iron pin, the point and place of
BEGINNING.
CONTAINING 34,053.20 square feet, with a dwelling constructed
thereon known and numbered as 500 Shed Road, Newville, PA, 17241.
BEING all of Lot No. 9 described in accordance with survey
entitled "Subdivision for Charles L. Bear" prepared by Larry V.
Neidlinger, P.E., recorded in Cumberland County Plan Book 41,
Page 24.
35 882
BEING the same premises which Charles L. Bear and Helen R. Bear,
his wife, by their deed dated September 28, 1982, and recorded in
the office of the Recorder of Deeds in and for Cumberland County
in Deed Book Y, Volume 29, Page 59, granted and conveyed unto
James A. Bear and Lynda L. Bear, his wife, Grantors herein.
And the said Grantors hereby covenant and agree that they will
warrant specially the property hereby conveyed.
IN WITNESS W/{EREOF, the said Grantors have hereunto set their
hands and seals the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
STATE OF OHIO
~ynd~ ~. Bear
)
: SS.
)
(SEAL)
(SEAL)
COUNTY OF /f~Wc., ~
On this, the ~_3~day of ~c~--~ ~ , 1992,
before me, the undersigned officer, personally appeared Jg2VlES A.
BEAR and LYNDA L. BEAR, known to me (or satisfactorily proven) to
be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed the same for the
.ourD'oses":' therein contained. . .
· :~IN ;ITNESS ~EREOF, I hereunto set my hand and
.~ ~: ~-.>~.: ,..'~ ~/-. ~ .%...~...~,~' ,~ -
..~j~ ;"~ ~E;~ ?%¥.?.'.:z" ..- Notary Public
~,,..~' ~ ~.~' ,.~.~~ .... Cc . '- : ...~'.
· , . .~ .. . ~"2 ~,.. . . .~ ~._ ~.,~_ ,
· -. '.'~'~-:,i~ ~' .:.' ,-.~. :. &~/ .. ,.7 .% ~ S:k.,: .~ OH,O .
','~'. ~ ',:..--' '.,'. .' ':.
'.%: ...~- ~.~.. '~ · . ~
' ,~ ~- .~...~..~,~r: , ,
I do he~eb~'~ertify that the precise residence and complete po~t
office addk~ss of the within-named Grantees is
Attorney for
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
A. D
RECORDED on this '~-' day of -. ·
19 '~-~, in the Recorder's office of the said County, in
Deed Book '~i _, Volume ~ , Page ., --
Given under my hand and the seal of the said office,
the date above written.
., Recorder
Cumb. Co.. Pa.
~ Real Estate Transfer Tax
Dat./°' ~ ~'/~ ~ ?' ~
Robert R Ziegler
Cumin. Co. Dist. CoL Agt.
School Dist cum[ Co., Pa.
~ Real Estate Transfer Tax
Dat./~'-~'-~ ~'~ :z ¥ ?. ~3
Robert P. Zieglm'
Cun'~. Co. Dist. COl. Agt.
Form DIS-70(Official Form 18)
(9/97)
In Re:
STRAUB, LARRY E, SR
5OO SHED RD
NEWVlLLE, PA 17241
STRAUB, BONNIE L
500 SHED RD
NEVVVILLE, PA 17241
Social Security No(s).:
Debtor: 199-34-9781
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
)
)
)
) Case Number: 01-00389RJW-1
Joint: 173-38-5771
)
)
)
)
) Chapter: 7
)
)
)
Debtor )
)
)
)
)
)
)
r-'-
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11, United States
Code, (the Bankruptcy Code).
Dated: May 4, 2001
BY THE COURT
~Rob~. d.e~odside '
Chief United States Bankruptcy Judge
SEE BACK SIDE OF THIS ORDER FOR IMPOFrrANT INFORMATION
018471
Official Form I) (9/97)
FORM BI
Name of Debtor (if individual, enter Last, First, Middle):
STRAUB, LARRY E, SR.,
United States Bankruptcy Court I V~t~/ il I
Middle District of Pennsylvania et ion
Name of Joint Debtor (Spouse) (Last, First, Middle)~ STRAUB, BONNIE L.
All Other Names osed by the Debtor in the last 6 years
include married, maiden, and trade names):
Soc. Sec./Tax I.D. No. (if more than one, state all):
199-34-9781
Street Address of Debtor(No. & Street, City, State & Zip Code):
500 SHED RD.
Newville, PA 17241
County or Residence or or the
Principal Place of Business: Cumberland
Mailing Address of Debtor (if different from street address):
Location of Principal Assets of Business Debtor
All Other Names used by the Joint Debtor in the last 6 years
include married, maiden, and trade names):
Soc. Sec./Tax I.D. No. (if more than one, state all):
173-38-577!
StreetAddressofJointDebtor(No. & Street, City, State & Zip Code):
500 SHED RD.
Newville, PA 17241
County of Residence or of the
Principal Place of Business: Cumberland
Mailing Address of Joint Debtor (if different from street address):
if different from street address above): ~ _,, ;3 I.] ~ ,.-~, "i ~i,':~
Information Regarding the Debtor (Check the Applicable Boxes)
Venue (Check any applicable box) .
· Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
[] There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Type of Debtor (Check all boxes that apply)
· Individual(s) f-I Railroad
[] Corporation [] Stockbroker
[] Partnership [] Commodity Broker
[] Other
Nature of Debts (Check one box)
Consumer/Non-Business [] Business
Chapter or Section of Bankruptcy Code UnderWhich
the Petition is Filed (Check one box)
· Chapter 7 [] Chapter I I [] Chapter 13
[] Chapter 9 [] Chapter 12
[] Sec. 304 - Case ancillary to foreign proceeding
·
[]
Chapter I ! Small Business (Check all boxes that apply)
[] Debtor is a small businessas defined in !1 U.S.C. § I01
[] Debtor is and elects to be considered a small business under
11 U.S.C. § 1121(e) (Optional)
Statistical/Administrative Information (Estimates only) [] Debtor estimates that funds will be available for distribution to unsecured creditors.
· Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there
will be no funds available for distribution to unsecured creditors.
Estimated Number of Creditors 1-15 1649 50-99 100-199
Filing Fee (Check one box)
Full Filing Fee attached
Filing Fee to be paid in installments (Applicable to individuals only.)
Must attach signed application for the court's consideration
certi~,ing that the debtor is unable to pay fee except in installments.
Rule 1006(b). See Official Form No. 3.
Estimated Assets
200-999 lO00-over
[] · [] [] [] []
$0 to $,50,001 toS100,001 to $500,001 to$1.000.001 lo S10,000,001 to S.50,000,001 lo More than
SSO.O00 $100,000 $500,000 Sl million S10 million $50 million $100 million $100 million
Estimated Debts
$0 to $50,001 to SI00,001 to $500,001 to SI,000,001 Io S10.000.001 to $50.000,001 to M~e than
SSO, O00 $100.000 $500,000 Sl million S10 million $50 million $100 million $100 million
THIS SPACE IS FOR COURT USE ONLY
-'4 ~-0
cial Form 1) (9/97)
· oluntary Petition Name of Debtor(s): FORM BI, Page 2
(This page must be completed and filed in every case) STRAUB, LARRY E, SR.,
STRAUB, BONNIE L.
Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet)
Location [Case Number: ]Date Filed:
Where Filed: - None -
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor: Case Number: Date Filed:
- None -
District: Relationship: Judge:
Signatures
Signature(s) of Debtor(s) (Individual/Joint) Signature of Debtor (Corporation/Partnership)
Ideclare under penalty of perjury that the information provided in this ! declare under penalty of perjury that the information provided in this
3etition is true and correct. ~etition is true and correct, and that ! have been authorized to file this
tlr petitioner is an individual whose debts are primarily consumer debts ~etition on behalf of the debtor.
and has chosen to file under chapter 7] I am aware that I may proceed
under chapter 7, I i, 12, or 13 oftitle I 1, United States Code,
understand the relief available under each such chapter, and choose to The debtor requests relief in accordance with the chapter of title 11,
)rocccd under chapter 7. United States Code· specified in this petition.
I request rel~f in accordance with thc chapter of title I I
Code, spe~ged in this p~on.._, / ; . , United States
X ~ . Signature of Authorized Individual
signat,u.r/~.btor LARRY~E,-SRff2 STRAUB ~
X .~/~~ ~. ~__~~ Printed Name of Authorized lndividual
$i~na'~re of Joint Debtor BO'IOtTE L. $TPO. UB
:l'elephone Number (If not represented by attorney) Title of Authorized Individual
January 24, 2001
Date Date
X ~.~ ~nature~ Signature of Non-Attorney Petition Preparer
Sign(~rc of Attorney for Debtor(s) I certify that I am a bankruptcy petition preparer as defined in 1 I
JAMES M. BACH, ESQUIRE 18727 U.S.C. § 110, that ! prepared this document for compensation, and
Printed Name of Attorney for Debtor(s) that I have provided the debtor with a copy of this document.
! LAW OFFICE OF JAMES M. BACH
i Firm Name ~rinted Name of Bankruptcy Petition Preparer
352 SOUTH SPORTING HILL ROAD
MECHANICSBURG, PA 17055
~ ~ocial Security Number
Address
(717) 737-2033
Telephone Number ,~ddress
January 24, 2001
Date Names and Social Security numbers of all other individuals who
prepared or assisted in preparing this document:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g.,
forms 10K and 10Qy with the Securities and Exchange Commission
pursuant to Section 13 or 15(d) of the Securities Exchange Act of If more than one person prepared this d~cument, attach additional
1934 and is requesting relief under chapter 1 I) sheets conforming to the appropriate official form for each person.
[] Exhibit A is attached and made a part of this petition.
Exhibit B X
(To be completed if debtor is an individual Signature of Bankruptcy Petition Preparer
whose debts are primarily consumer debts)
· the attorney for the petitioner named in the foregoing petition, declare bate
hat ! have informed the petitioner that [he or she] may proceed under
:hapter 7, I I, 12, or 13 of title I i, United States Code, and have
xplained the relief available under each such chapter. A bankruptcy petition preparer's failure to comply with the provisions
~ ~ ~ of title il and the Federal Rules of Bankruptcy Procedure may result
X January 24, 2001 m fines or imprisonment or both. I1 U.S.C. § !10; 18 U.S.C. § 156.
Sigr~ure of Attorney for Debtor(s) Date
JAMES M. BACH ES UIRE 18727
In re LARRY E, SR., STRAUB, Case No.
BONNIE L. STRAUB
)
Debtors
SCHEDULE A. REAL PROPERTY
Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a
)tenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for
e debtor's own benefit. If the debtor is married, state whether husband, wife, or both own the property by placing an "H," "W," "J," or "C" in the column
beled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under "Description and Location of Property."
Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G Executory Contracts and Unexpired
2ases. -
If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. (See Schedule D.) If no entity
aims to hold a secured interest in the property, write "None" in the column labeled "Amount of Secured Claim."
If the debtor is an individual or ifa joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property
aimed as Exempt.
Description and Location of Property
Husband, Current Market Value of
Nature of' Debtor's Wife, Debtor's Interest in
Interest in Property Joint, or Property, without Amount of
Community Deducting any Secured Secured Claim
Claim or Exemption
:LLING LOCATED AT
SHED ROAD, NEWVILLE, PA 17241
Fee simple j
49,900.00 34,927.00
_ continuation sheets attached to the Schedule of Real Property
~g~t (el 1996-2000 - 8esl Ce.e Solution., Inc. - Even.ton. IL - (800) 492*8037
Sub-Total > 49,900. O0 (Total of this page)
Total > 49,900.00
(Report also on Summary of Schedules)
Best Case 8~Aulcy
In re LARRY E,
BONNIE
SR., STRAUB, Case No.
L. STRAUB
Debtors
SCHEDULE F. CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
State the name, mailing address, including zip code, and account number, if any, of all entities holding unsecured claims without priority against the
debtor or the property of the debtor, as of the date of filing of the petition. Do not include claims listed in Schedules D and E. If all creditors will not fit
on this page, use the continuation sheet provided.
If any entity other than a spouse in a.joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor," include the entity on
the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether husband, wife, both of them, or the
marital community may be liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community."
i£ the claim is contingent, place an "X" in the column labeled "Contingent." If the claim is unliquidated, place an 'X" in the column labeled
"tJnliquidatcd." If the claim is disputed, place an "X" in the column labeled "Disputed." (You may need to place an 'X" in more than one of these three
colmnns.)
Report total oF all claims listed on this schedule in the box labeled "Total" on the last sheet of the completed schedule. Report this total also on the
Summary of Schedules.
I'"1 Check this box il'debtor has no creditors holding unsecured nonpriority claims to report on this Schedule F.
DATE CLAIM WAS INCURRED AND°
s
* ADDRESS INCLUDING ZIP CODE lB Iwl CONSIDERATION FOR CLAIM. IF CLAIM T J p
~! IS SUBJECTTO SETOFF, SO STATE. n u T AMOUNTOF CLAI~v
' E O O
N A
; Account No. 6905 0351 0158 0625 ! ! /1998-2001 'r v
Consumer debt o
'.AMERICAN APPLIANCE GECAF
P.O. BOX 10597 J
Atlanta, GA 30348-5977
2,162.00
AccountNo. CHART ~ NN02959 / [ /1998'2001
ASSOC.
P.O. BOX 249
Greencastle, PA 17225-0249
250.00
^ccountNo. 0482646; 0566638 / J 11998-2001
CARLISLE HOSPITAL //IMedical Services
246 PARKER STREET
CARLISLE, PA 17013
' , 120.00
DENNIS BURKETT, DDS
13 BROOIOIOOD AVE., SUITE ONE
Carlisle, PA 17013
1,158.00
3 continuation sheets attached Subtotal
(Total of this page) 3', 690.00
Copyright (c) 1996-2000 - 8est ~-=-'e Solutions, In~ - Evanslon, IL - (800) 492-8037 S~N:21074 Best Case
I, re LARRY E, SR., STRAUB, Case No.
BONNIE L. STRAUB
Debtors
SCHEDULE F. CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Sheet)
DATE CLAIM WAS INCURRED AND ' L : S
/J ~ CONSIDERATION FOR CLAIM. IFCLAIM t o u
ADDRESS INCLUDING ZIP CODE N u T AMOUNT OF CLAIM
ric la SUBJECT TO SETOFF, SO STATE. G E
Account No. 6011 0021 9752 6130~ [1998_2001
Credit card purchases o
DISCOVER
P.O. BOX 15192 j
WIIAqINGTON, DE 19886-1020
1., 393.00
AccountNo. 5424 1801 2940 8453 [1998-2001
DRIVER'S EDGE ~ASTERCARD ICredit card purchases
P.O. BOX 6500
SIOUX FALLS, SD 57117
2,945.00
AccountNo. 5468 8592 5305 4244 11998_2001
FIRST BANKCARD CENTER ICredit card purchases
SOVEREIGN BANK HASTERCJLRD
P.O. BOX 3332
Omaha, NE 68103-0331
3,023.00
Account No. 5417 1222 5418 5471 ]1998-2001
FIRST USA BANK, N.A. ]Credit card purchases
P.O. BOX 856
Wilmington, DE 19886-0300
3,820.00
Account No. 4301 7311 1001 5375 11998_2001
FULTON BANK VISA ICredit card purchases
P.O. BOX 408
East Petersburg, PA 17520
Sheet no. I of 3 sheets attached to Schedule of '-~-- -- --
Subtota
Creditors Holding Unsecured Nonpri0rity Claims (Total of this page) 1~1,932.00
Cogynght (c) 1996-2000 - Beat Case Solutions. Inc. - Evanston, II - (800) 492-8037
Best Case
LARRY E, SR., STRAUB,
BONNIE L. STRAUB
Case No.
)
Debtors
SCHEDULE F. CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Sheet)
CREDITOR'S NAME AND MAILING
ADDRESS INCLUDING ZIP CODE
Account No. 5432 3542 5030 5750
HOUSEHOLD CREDIT SERVICES
P.O. BOX 80027
Salinas, CA 93912-0027
DATE CLAIM WAS INCURRED AND
CONSIDERATION FOR CLAIM. IF CLAIM
IS SUBJECT TO SETOFF, SO STATE.
1998-2001
Credit card purchases
AMOUNT OF CLAIM
Account No. 02160424-01
ORTHOPEDIC INSTITUTE OF PA
C/0 PEERLESS CREDIT SERVICES,
INC.
725 MAPLE ROAD
Middletown, 'PA 17057
Account No.
PENN CREDIT CORPORATION
916 SOUTH 14TH STREET
P.O. BOX 988
PL~RRISBURG, PA 17108-0988
Account No. 5329-0900-1115-9138
PNC BANKCARD SERVICES
P 0. BOX 15019
Wilmington, DE 19886-5019
1998-2001
Medical Services
1998-2001
Medical Services
1998-2001
Credit card purchases
3,864.00
81,00
121.00
Account No. 0558819614758; 0558874257725
SEARS PREMIER CARD
P.O. BOX 818017
Cleveland, OH 44181-8017
'1998-2001
Credit card purchases
695.00
Sheet no. ~ of 3_~___ sheets attached to Schedule of
Creditors Holding Unsecured Nonpriority Claims
Subtotal
(Total of this page]
5,583.00
10,344
Copyright (c) 19g6-2(X}O. Be41Ca~e $olutiofls. Inc. - Evanslofl. IL - (800) 492-8037
Best Case
in re LARRY E, SR., STRAUB, Case No.
BONNIE L. STRAUB
Debtors
SCHEDULE Y. CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Sheet)
( Hulbend, Wife, Joint, or Communily O N ID
H~ N L
CREDITOR'S NAME AND MAILING ]w, DATE CLAIM WAS INCURRED AND T I P
I Q O
ADDRESS INCLUDING ZIP CODE IJ I CONSIDERATION FOR CLAIM. IF CLAIM n 'U T AMOUNT OF CLAIN
Icl IS SUBJECT TO SETOFF, SO STATE.
E D D
N
Account No. 5407 8902 8160 0876 / /1998-2001 T T
Credit card purchases D
I: THE GM CARD
'P.O. BOX 80082 J
Salinas, CA 93912-0082
8,148.00
AccountNo. 4783 8000 2052 4268 ~ J1998-2001
P.o.UNIV~RSALBox 44167C3~RD SERVICES CORP [j ICredit card purchases
Jacksonville~ FL 32231-4167
957.00
AccountNo. 4190 0808 4756 5920 11998-2001
Credit card purchases
US BANK
P.O. BOX 6345 j
FARGO, ND 58125-6345
: 4,612.00
AccountNo. 036 887 796 [1998-2001
redit card purchases
WARDS
P.O. BOX 103055
Roswell, GA 30076-9045
Account No. 3,409. O0
Sheet no. 3 of 3 sheets attached to Schedule of Subtotal
Creditors Holding Unsecured Nonpriority Claims (Total of this page)
Total
(Report on Summary of Schedules) 43, 092.00
Cof~/~gN (c) 1996-2000 o Be~t Case Solute. Inc. - Evanston, IL - (800) 492-8037
Belt Call Banlu~pt~
Y E, SR., STRAUB, Case No.
BONNIE L. STRAUB ,
~Debtors. '
SCHEDULE I. CURRENT INCOME OF INDIVIDUAL DEBTOR(S) .
Thc column.labeled "Spouse" must be completed in all cases filed by joint debtors and by a married debtor in a chapter 12 or 13 case
whether ornot a joint petition is filed, unless the spouses are separated and a joint petition is not filed.
DEPENDENTS OF DEBTOR AND SPOUSE
NAMES AGE RELATIONSHIP
None.
'1
Married
EMPLOYMENT: DEBTOR SPOUSE
Occupation
Name of Employer DISABILITY DISABILITY
How long employed
Address of Employer
INCOME: (Estimate of average monthly income)
Current monthly gross wages, salary, and commissions (pro rate if not paid monthly)
Estimated monthly overtime .....................................
SUBTOTAL ................................................
LESS PAYROLL DEDUCTIONS
a. Payroll taxes and social security .............................
b. Insurance .............................................
c. Union dues ..... . .......................................
d. Other (Specify) ........
SUBTOTAL OF PAYROLL DEDUCTIONS ......................
TOTAL NET MONTHLY TAKE HOME PAY .......................
Regular income from operation of business or profession or farm (attach detailed
statement) ..................................................
Income from real property ......................................
Interest and dividends .........................................
Alimony, maintenance or support payments payable to the debtor for the debtor's use
or that of dependents listed above .................................
Social security or other government assistance
(Specify) SOCIAL SECURITY DISABILITY .............
Pension or retirement income ....................................
Other monthly income
(Specify) .............
TOTAL MONTHLY INCOME
TOTAL COMBINED MONTHLY INCOME $ l., 777.00
DEBTOR SPOUSE
$ 0.00 $ 0.00
$ 0.00 $ '0.00
{ $ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 1,420.00 $ 357.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00 $. 0.00
[ $ lr420.00 $ 357.00
(Report also on Summary of Schedules)
Describe any increase or decrease of more than 10% in any of the above categories anticipated to occur within the year following the fili~
of this document:
In re LARRY E, SR., STRAUB,
BONNIE L. STRAUB
Debtors
Case No.
SCHEDULE J. CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S)
Complete this schedule by estimating the average monthly expenses of the debtor and the debtor's family. Pro rate any payments
made bi-weekly, quarterly, semi-annually, or annually to show monthly rate.
[] Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of
expenditures labeled "Spouse."
Rent or home mortgage payment (include lot rented for mobile home) ....................... $ 350.00
Are real estate taxes included? Yes No X
Is property insurance included? Yes No
Utilities: Electricity and heating fuel .............................................. $ 185.00
Water and sewer ...................................................... $ 0.00
Telephone .......................................................... $ 110.00
Other SATELLITE & TRASH ........ $ 55.00
Home maintenance (repairs and upkeep) ............................................ $ 20.00
Food ..................................................................... $ 550.00
Clothing ................................................................... $ 50.00
Laundry and dry cleaning ....................................................... $ 20.00
Medical and dental expenses ..................................................... $ 150.00
Transportation (not including car payments) .......................................... $ 220.00
Recreation, clubs and entertainment, newspapers, magazines, etc ............................ $ 40.00
Charitable contributions ........................................................ $ 80.00
Insurance (not deducted from wages or included in home mortgage payments)
Homeowner's or renter's ................................................. $ 18.00
Life ............................................................... $ 0.00
Health ............................................................. $ 0.00
Auto
..... . ......................................................... $ 105.00
Other ........ $ 0.00
Taxes (not deducted from wages or included in home mortgage payments)
(Specify) RF.&L ES?ATE & ?ERSONIUu ........ $ 90.00
Installment payments: (In chapter 12 and 13 cases, do not list payments to be included in the plan.)
Auto .............................................................. $ 0.00
Other ........ $ 0.00
Other ........ $ 0.00
Other ........ $ 0.00
Alimony, maintenance, and support paid to others ..................................... $ 0.00
Payments for support of additional dependents not living at your home ...................... $ 0.00
Regular expenses from operation of business, profession, or farm (attach detailed statement) ....... $ 0.00
Other ........ $ 0.00
Other ........ $ 0.00
TOTAL MONTHLY EXPENSES (Report also on Summary of Schedules) ....................
[FOR CHAPTER 12 AND 13 DEBTORSONLY]
Provide the information requested below, including whether plan payments are to be made bi-weekly, monthly, annually, or at some
other regular interval.
A. Total projected monthly income ........................................ $ N/R
B. Total projected monthly expenses ....................................... $
C. Excess income (A minus B) ........................................... $ ~/A
D. Total amount to be paid into plan each ....... $ N/A
(interval)
In re LARRY E, SR., STRAUB, Case No.
BONNIE L. STRAUB
Debtors
SCHEDULE B, PERSONAL PROPERTY
Except as directed below, list all personal property of the debtor of whatever kind. I f the debtor has no property in one or more of the categories, place
n "×" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified
vith the case name, case number, and the number of the category. Ifthe debtor is married, state whether husband, wife, or both own the property by placing
"H .... W .... J .... C"
n . . , or in the column labeled "Husband, Wife, Joint, or Community." If the debtor is an individual or a joint petition is filed, state the
mount of any exemptions claimed only in Schedule C - Property Claimed as Exempt.
Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases.
If the prnpcrly is hei,g held for thc deblor hv someone else, slate that person's name and address under "Description and Location of Property."
: N Husband,
0
Type of Propcrty N Description and Location of Property Wife, Debtor'
Joint, or
E Community Secured:t
Cash on hand
Checking, savings or other financial
accounts, certificates of deposit, or
shares in banks, Savings and loan,
thrift, building and loan, and
homestead associations, or credit
unions, brokerage houses, or
cooperatives.
Security deposits with public
utilities, tclcphonc companies,
landlords, and others.
Household goods and furnishings,
including audio, video, and
computer equipment.
Books, pictures and other art
objects, antiques, stamp, coin,
record, tape, compact disc. and
other collection~ or collectibles.
Wearing apparel.
Furs and jewelry.
Firearms and sports, photographic,
and other hobby equipment.
Interests in insurance policies.
Name insurance company of each
policy and itemize surrender or
refund value of each.
SAVINGS ACCOUNT
LOCATED AT MEMBERS
1st FCU,
CHECKING ACCOUNT
LOCATED AT MEMBERS 1st FCU,
VAROU$ FURNITURE
LOCATED AT RESIDENCE OF DEBTORS
VARIOUS CLOTHING
LOCATED AT RESIDENCE OF DEBTORS
VARIOUS JEWELRY
LOCATED AT RESIDENCE OF DEBTORS
X
CARLISLE, PA
CARLISLE, PA
J
J
J
7,050..00
100.00
2,000.00
500.00
900.00
2_._. continuation sheets attached to the Schedule of Personal Property
,pytight (c) 1996-2000. Best Case Solutions, Inc - Evanslon. IL - (800) 492-8037
Sub-Total >
(Total of this page)
10,550.00
Bes! Case Bankruptcy
Myers Funeral Home, Inc.
37 East Main Street
Mechanicsburg, Pa. 17055
Boyd L. Myers Jr., Supervisor
(717) 766-3421
A STANDARD OF EXCELLENCE SINCE 1910
EXHIBIT
Wednesday, July 2, 2003
Mrs. Bonnie L. Straub
5621 Devonshire Road
Harrisburg, PA 17112
Dear Mrs. Straub,
Thank you for selecting our funeral home to provide services for your family during your bereavement. I
hope that you found our services to be of the highest standards and that they met your needs and those
of your family and friends.
The following is a summary of the service charges as previously explained and provided in written form
and herein indicated as PAID-IN-FULL
Larry E. Straub. Sr.
SUMMARY OF EXPENSES
TOTAL OF SERVICE RENDERED
LESS: Credits granted
LESS: Total Payments
PLUS: Late Charge
PLUS: Rebilling Fees
CURRENT BALANCE
Credits Granted: $1,640.0 Package Price Discount
If there are any questions or concerns that remain unanswered, please call me.
Sincerely,
$8,665.00
1,640.00
7,224.00
174.00
25.00
$0.00
James P. Fickes
Funeral Director
r--
MURREL R. WALTERS, 112
Attorney at La,,
54 East Main Street
Mechanicsburg, PA 17055-3851
(717) 6974650 (717) 697-9395 Fax
April l0, 2003
Mrs. Bonnie L. Straub
500 Shed Road
Newville, PA 17241
Dear Mrs. Straub:
I represent Myers Funeral Home of Mechanicsburg.
You made arrangements with my client for funeral services upon the death of your
husband, Larry E. Straub, Sr.
The total amount of the funeral services which you ordered was $7,025.00. You
made an initial deposit and several payments in the meantime. Devonshire Church has also
made a payment toward the bill. There is currently a balance due and owing in the amount
of $2,499.00.
My client has authorized me to initiate legal action against you to collecfthis debt.
The purpose of this letter is to give you ten (10) days to make arlrangements to pay the bill
before such action is taken.,'~ /:,~/./.1~.
Murrel R. Walters, III
MRW/dms
cc: Myers Funeral Home, Inc.
INSCRIPTION ORDER FORM
James R. /
ingrich
MEMORIALS
"A Tribute to Lqe"
5243 Simpson Ferry Road, Mechanicsbur_q, PA 17055 · (717) 766-5622
CEMETEFtY .. e'C.- %.v,'' : :' ~ LOCATION
NAME OF DECEASED t.._,,,, ': - , ..
LETTERING REQUIRED:
FAMILY NAME MEMORIAL
IND. NAMES ON MEMORIAL
TYPE OF MONUMENT ~ COLOR OF GRANITE
LOCATION: DRAW A PRECISE MAP OF LOCATION 'OF MEMORIAL ON CEMETERy (Use back of work order copy if n~essa~)
DATE OF ORDER
ORDERED BY
UPON EXAMINING THE ABOVE INSCRIPTIONS, I/WE THE UNDERSIGNED, FIND THE SPELLING AND DATES TO BE
CORRECT. THE WORK WILL BE COMPLETED AS IT IS ACCUMULATED. NO SPECIFIC COMPLETION DATE IS
GUARANTEED.
SIGNED
DEPOSIT $ ~ ·
BALANCE DUE $ t~ '~ _~, O O
DATE ENTERED
James Gingrich Memorials
5243 SIMPSON FERRY ROAD
MECHANICSBURG PA 17050
Invoice'
Date Cont #
4/22/2002 124923
BONNIE STRAUB
500 SHED ROAD
NEVVVILLE
Item Description
Inscription work for:
PA. 17241
STRAUB, LARRY
ITEM SUMMARY
Price Each
475.00
Total
475.00
Total
475.00
Lettering was done on: 4/22/2002
Please call us with any questions at (717) 766-5622
cut along dotted line
TOtal:Payments
Balance, i
475.00
475.00
Please Send This Stub, So Your payment Can Be Properly Recorded.
Please Send Payment to:
James Gingrich Memorials
5243 SIMPSON FERRY ROAD
MECHANICSBURG PA
17050
Family Name:
BONNIE STRAUB
Balance Due
Amount Enclosed
124923
STRAUB, LARRY
[ o.ooPAID
CHECK HERE IF TAX DEDUCTIBLE ITEM -
BONNIE L STRAUB
LARRY E STRAUB SR ,///~/~ Y~, ' /~-- ~ -~, -, ~ ~
717-776-3307 //'1,7 Fi ~ ?'/,J
500 SHED ROAD //'''" - / / .... ~'~'/
NEWVILLE PA 17241-9765 '
/. ~-/ /' ~o. /
,/- / /~ , ,.//. ,. ,.~ ~,- ., .~ .-.. . . ~ .,,,,~ .._ · ~.5 . ,
~ a~ ~, 0~ '" a ~ ~ 5&O~ ~u=~ ' .NoNNEGoTIABLE
~ 20 Y~ post-consumer material
IN RE: ESTATE OF
LARRY STRAUB, SR.
DECEASED
BEFORE THE REGISTER OF WILLS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 21-03-400
No Intestate Estate - all items were jointly owned with surviving spouse
IN THE ALTERNATIVE:
A. Personal items kept by Bonnie Straub:
bedroom furniture
wooden table with metal top
6 chairs
washer & dryer
single bed
TV, stereo
computer & stand
rocking chair
end tables
blanket chest
Maximum value:
Lawn tractor
$1,000.00
1,000.00
B. Items sold at auction
(1/2 of $5,828 (gross) less commission = $4950.60)
C. Items sold
$2,000.00
$2,475.00
· Boat to Pamela
Bible given to Pamela
· Tools, including "Shop Smith", to Bud's
brother-in-law
· Tools to Bud's mother's boyfriend
· Toolbox with tools to Danny's friend,
Stevie Morrow
· Rifle to friend of Danny's
· Planer to Steve Seidel
$4,000.00
2,500.00
2,000.00
135.00
500.00
$9,135.00
MAXIMUM* VALUE TOTAL ASSETS
$13,610.00
*Bonnie Straub does not necessarily agree to these valuations, but believes they
represent the maximum possible value of the Estate Assets under any scenario.
III.
IV.
Family Exemption claimed by spouse
Funeral bill
Gingrich Memorials - grave marker
Mechanicsburg Cemetery - grave opening
Medical Expenses (only largest ones shown here)
Hershey Medical Center
Physician's Group
Physician's Group
Total Funeral and Medical Expenses
TOTAL ESTATE LIABILITIES
$7,423.00
475.00
625.00
10,135.20
3,695.00
1,843.00
$3,500.00
24,196.20
27,696.20