HomeMy WebLinkAbout04-03-12IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION n ~='
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ESTATE OF GAIL R. McCORD -
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PETITION UNDER SECTION 3102 =` c
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OF THE PROBATE, ESTATES AND FIDUCIARIES 0
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CODE FOR THE SETTLEMENT OF A SMALL ESTATE ~_
TO THE HONORABLE JUDGES OF SAID COURT:
1. Your Petitioner, Michael Looney, 1346 Fairmont Avenue, St. Paul, Minnesota
55105, is an adult individual and is the son of the decedent, Gail R. McCord, who died on
December 9, 2010.
2. The decedent was born on June 11, 1933, and resided at 407 Walnut Street,
Boiling Springs, Cumberland County, Pennsylvania at the time of her death.
3. The decedent was not married at the time of her death.
4. The decedent's heirs as set forth in her Last Will and Testament, a true and
correct copy of which is attached hereto and incorporated as "Exhibit A", are identified as
follows:
A. Patricia Looney, 909 Felicia Court, Bel Air, Maryland 21014
B. Stephen Looney, P.O. Box 1731 Grantham, New Hampshire 03753
C. Richard P. Looney, Jr., 407 Walnut Street, Boiling Springs, PA 17007
D. Michael Looney, 1346 Fairmont Avenue, St. Paul, Minnesota 55105
5. Michael Looney was appointed Executor of the decedent's estate by the Register
of Wills of Cumberland County, Pennsylvania on December 14, 2010.
6. The Decedent's assets were:
A. Members First FCU: $3,148.54
B. Bank of America $3,667.31
E. 2010 Federal Income Tax refund: $ 270.00
TOTAL LIQUID ASSETS $ 7,085.85
7. The decedent had administrative expenses as follows:
A. Cumberland Law Journal $ 75.00
B. Sentinel $ 155.68
C. Probate fees $ 150.00
D. Legal fees $ 2,625.00
E. Executor Fee $ 47.19
F. Ewing Brothers Funeral Home $ 4,032.98
TOTAL ADMINISTRATIVE EXPENSES: $ 7,085.85
8. The decedent's unsecured debts are:
A. Capitol One (Account ending -----6677) $ 4,155.79
B. Bank of America (Account ending-----2393) $ 2,509.00
TOTAL UNSECURED DEBTS: $ 6.664.79
9. This estate is insolvent and according to the Probate Estate and Fiduciary Code at
section 3392, the cost of administration and funeral expenses are to be paid prior to unsecured
creditors.
10. The decedent also owned real estate located at 2243 Mayfield Palms Lane, Sun
City Center, Florida 33573. This real estate is encumbered by two mortgages and the combined
payoffs on these mortgages exceed the fair market value of the real estate.
11. The first lien holder on the real estate mentioned above has filed a foreclosure
action and the Executor intends to deed the property back to the first mortgage lien holder in lieu
of proceeding under the foreclosure process.
12. The Petitioner has filed a Pennsylvania Inheritance Tax Return which indicates that
no inheritance tax is due. The appraisement from the Department of Revenue is attached as
"Exhibit B."
WHEREFORE, your Petitioner prays that an Order authorizing payment of the
administrative expenses from the decedent's assets and that no distribution be made to unsecured
creditors due to the insolvency of the estate.
BARK SCHERER LLC
Mic ae A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, PA 17103
(717) 249-6873
Attorney for Petitioner
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 1.8 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
4~1~=s~.
Michael Lo~
Date: ~~~, /~ j ~pl~
CERRTIFICATE OF SERVICE
I hereby certify that on the 3r~day of April, 2012, I, Andrea M. Ramos, Secretary, of
Baric Scherer LLC, did serve a copy of the Petition under Section 3102 of the Probate, Estates
and Fiduciaries Code for the Settlement of a Small Estate, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Richard P. Looney, Jr.
407 Walnut Street
Boiling Springs, PA 17007
Stephen Looney
P.O. Box 1731
Grantham, New Hampshire 03753
Patricia Looney
909 Felicia Court
Bel Air, Maryland 21014
Theresa James-Semancik
Weltman, Weinberg & Reis
323 West Lakeside Avenue, Suite 200
Cleveland Ohio 44113-1009
Bank of America
P.O. Box 15726
Wilmington, Delaware 19886
Andrea M. Ramos, Secretary
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Az~s-io - ,LAST WILL AND TESTAMENT
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BE rr 1[lalo~YN, that I, C
County of
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in the State of being of snood mind, do
be my Last Will and 1~tament expressly revolong all my prior Wills and Codicils at way time
I. >a'CRSONAL RLrPRFS1..NTATIVE:
I appoint `~,,~~ I ~y~ of ~ i
as Personal tative of this my Will wad
Repf+eseatative is unable unwilling to serve then I appoint `
.~ , ~ altrrnaoe Pleiaom
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be carry out all provisions of this Will and pay
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and funeral expenses. I further pfovide my Personal Repfesentative shall not be regaurod to p
or any other jurisdiction. and direct that no expert appraisal be made of my estate imleas rata
II. GUARDIAN: ,, /
In the event I shall die as the sole parent of minor child fen, Wen I appoint N~
as Guardian of said minor cdildtea. If thi~
unable or unwilling to serve, then I appoint
as albemate Guardian. ~
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III. +~``~i QVn-71-7: ~ ~s
I direct that after pay~men~~t o--f--all my just deb~~tsQQ, my property be bequeathed in t~~he//me
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Eaecate ana attest before a notary. Cantina: T.ouisiana
consult an attorney before preparing a will.
O t z ~ ihs.s. aefae yon gee rm. fam. r~ a, 5a m .a a.k., atl a.b,.rr„er ems,
ua..crla~ eoasak . l..yer if yon doubt me r~•a 8mess Qor yor psepaaa am .~, B,z [.rpl >z
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3 ar •'~Y~ ar ~4 writh respect to the metriastabeliry dtbia bar, fora i
"Exyi~.bit A"
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'bond in this
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IN WITNESS WI10tFAF, I harms heteunlo set my hand this day of
(Yar), to this my Last Wr71 and Testament
Testator Sigoanue
IV. WITiVESSED: iI -'
The testator has signed this will at the read and ao each other separate page, and heal d or signified
in our presence that it is his/her last will and testament, and in the presence of the testator anr!l other we have
6ereunw subscribed our names this day of (yam)
c~~ ~, /~,r~~ • r~~ ~xye~ear ,Yj~ ~ 33673
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Witness 5ignatute O,~ ~:'It~titlD% Address
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ttre testator and the witnesses, Pespectively, whose Domes are signed ro the attached and nt, were
sworn and declared to the undersigned that the testator signed the instrument as his/her Last ~ Md that each of
the witnesses,~p the presence of the testator and each other, signed thgAG~l as a witaegs. i~ _ a ~~
Testator.,~l~/ /C // lX
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On before me,
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personally known to nx (or proved ro me oo the bass of sadsfactay evidence) to be the P~ )whose name(s)
is/att subscribed to the within instrument and aclmowledgod to me that he/shdthey executed the sa~nE in his/her/their
authorized capacity(ies), anti that by his/her/their signature(s) on the instrument the person( dr the entity upon
behalf of which the person(s) acted, executed the iasUtmrent
W1INFSS my hao~,pod official seat.
Sigoahrre of No
Elaine Brad chwartz
;~ ~Y Flklie. State of Florlde
MYGawm~sswn ArCC 879825
. Exwr!s SeDtamOar 13. T003
Affiant Produced ID
Type of m
(Seal)
O 6-Z r.apl Pesa adore yw ve Oou turn, and it, anm r ~4 ttr We wYrssrm ahtt~e re ~ b ~ P~ Conmlt a lawyer if
you doeht We [arm's 6btm for ~ PmP~ d o.e. &Z lspl Pains ~ ihs intent: rlm m mp.eseoulim or wmrmsy, euprtas a~' with mapect b Me
1O°9 dtlds (arm fa ~ immded use or pmpme
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BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
MICHAEL A SCHERER ESQ
19 W SOUTH ST
CARLISLE PA 17013-3445
C1) .00
C2) .00
c3) .00
C4) .00
C5) 4,355.69
c6) .00
C7) .00
CUT ALONG THIS LINE ---- ~ RETAIN LOWER PORTION FOR YOUR RECORDS F~ _ _
-------------------- ----------------------- ___
REV-1547 EX AFP C12-11) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF: MCCORD GAIL RFILE N0.:21 10-1225 ACN: 101 DATE: n~-~st_~nl~
TAX RETURN WAS: C X) ACCEPTED AS FILED C ) CHANGED
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
Pennsylvania ~ .
DEPARTMENT OF REVENUE `,
REV-1547 IX AFP (12-1ll
NOTE: To ensure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
c8) 4 , 355.69
C9) ?. .68
Clo) 6.664.79
11. Total Deductions C11) 9, 020.47
12• Net Value of Tax Return C12) 4,664.78-
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) C13) .00
14. Net Value of Estate Subject to Tax C14) 4,664.78-
NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date
ASSESSMENT OF TAX: .
15. Amount of Line 14 at Spousal rate C15) .00 X 00 - .00
16. Amount of Line 14 taxable at Lineal/Class A rate C16) n;~ X 04 5 = .00
17. Amount of Line 14 at Sibling rate (17) 00 X 12 =
.00
18. Amount of Line 14 taxable at Collateral/Class B ra te C18) .00 X 15 - .00
19. Principal Tax Due
TAX CREDITS: C19)= .00
PAYMENT
DATE RECEIPT
NUMBER DISCOUNT C+)
INTEREST/PEN PAID C-)
AMOUNT PAID
TOTAL TAX PAYMENT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
DATE 02-28-2012
ESTATE OF MCCORD GAIL R
DATE OF DEATH 12-09-2010
FILE NUMBER 21 10-1225
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 04-28-2012
(See reverse side under Objections)
Amount Remitted- -~
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
1 COURTHOUSE SQUARE
CARLISLE PA 17013
~ IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE
FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.
"Exhibit B"