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HomeMy WebLinkAbout09-07-12/~.~~9~~~~~ ~~ ~,~ ~~ ~~~ ~~-, ~-: .-~-~ .. .. ~ . . _ ~,. ~ ~, .~: ~~ v. ~ ~ . .._ .... ; IN RE: ESTATE OF r IN THE COURT OF COMMON PLEA' -' ~^t- ROBERT C. FALCO OF CUMBERLAND COUNTY, , "~-~ --ca `__ _ ~='~ Q PENNSYLVANIA v {=3~~~ Deceased Late of ORPHAN'S COURT DIVISION Carlisle Borough, Cumberland County, PA NO. 0177- 2010 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Barbara J. Boyer, Administrator of the Estate of Robert C. Falco, Deceased, and a Statement of Proposed Distribution of the balance of the assets of said Estate will be filed in the Office of the Register of Wills of Dauphin County, Pennsylvania, on or before September 7, 2012 and that if no objections are filed the same will be submitted for confirmation on October 9, 2012 to the Orphan's Court at 9:30 AM in Courtroom No. 1, 4th Floor Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Dauphin County, Pennsylvania at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed not later than 9:30 AM on October 9, 2012 unless otherwise permitted by the Court prior to confirmation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the time of confirmation. Date: September 7, 2012 ,, ~~ Attorney for Barb~'1ra J. Boyer Administrator and Accountant Estate of Robert C. Falco ~3;"%G3 c~ 7 IN RE: ESTATE OF ROBERT C. FALCO Deceased Late of Carlisle Borough, Cumberland County, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 0177 - 2010 ~= --°v -~~ _.~.., ; ~_~ ~~ .--, ,~ ,4- ,' ~ ' t ', ~ .~}~_~. T 1 .{.. ;, ~~ .`n3~O _.~.-t FIRST AND FINAL ACCOUNT OF ~ ~' i Barbara J. Boyer Administrator For The ~-~`~-, ESTATE OF ROBERT C. FALCO ~-~ ~'r i s. _. ~~~. Date of Death: November 12, 2009 ~'...~. Date of Administrator's Appointment March 12, 200 ~ ~', Date of First Advertisement p' of Grant of Letters: April 2, 20Q~~ Accounting for Period March 12, 2000 to Present r~XSjI .. ~. .~.- Purpose of the Account: The Late ROBERT C. FALCO died November 12, 2009, by his own hand at the age of fifty years at his home in Carlisle, PA where he had been a resident for many years. He had three children: Amy Worley of Chicago, Illinois, Bobby Joe Mattull of Thayer, Indiana and Amanda A. Falco, a staff sergeant serving in the United States Army and stationed at Ft. Bragg, North Carolina. He was also married to Barbara J. Boyer of Carlisle, PA although the two had separated and a divorce had been filed. At the time of his death Mr. Falco had a firearms business, buying and selling handguns, rifles, parts and accessories. He also had a firearms repair business. Mr. Falco independently owned a few vehicles (a pick-up truck, a Tractor and an untitled El Camino), a motorcycle, numerous weapons and accessories, parts, a trailer, household goods and tools. He had a few small bank accounts. He and his wife Barbara owned a home located on North Hanover Street, Carlisle, PA as tenants by the entireties which was mortgaged to value and which passed to Barbara J. Boyer, his wife, by operation of law at Mr. Falco's passing. The real estate passing to his wife together with the mortgage thereon was not part of Mr. Falco's estate. Mr. Falco left a short holographic Will leaving his 2005 Chevy Piclc-up truck to Patsy Jean Keckler (a friend) and his 1995 Harley Davidson Road King to Rodney Clark Keckler (a friend). The balance of his belongings were to be sold for his granddaughter Destiny Daniels, the daughter of Amanda A. Falco. No executor was named in the will. Mr. Falco had debts exceeding $75,000.00. These debts included bank loans, numerous credit cards which had been used to the credit limits. He was at the time of his passing being audited by the Internal Revenue Service for possible back taxes. Following a meeting with his children and wife, it was agreed that Barbara J. Boyer would become the Administrator of the Estate and Mr. Falco's children executed and had filed Renunciations with the Register of Wills. Thereafter the Administrator notified the United States Bureau of Alcohol, Tobacco and Firearms to account for Mr. Falco's paperwork and inventory of sales and purchases. The Administrator began negotiating claims of the numerous creditors and settled all of Mr. Falco's debts. The Administrator also negotiated and settled all matters with the Internal Revenue Service. The Administrator began paying some bills and returning property held for repair to the rightful owners. The Administrator hired an auctioneer which held a valid license with the ATF to auction firearms and most of decedent's personal property. The Administrator transferred the decedent's truck and motorcycle to the specific beneficiary and received and filed Releases with the Register of Wills. The Administrator filed and paid the Pennsylvania Inheritance Tax and on July 2, 2012 received an approval letter from said department. (Copy Attached). The Administrator petitioned the Orphans' Court to permit her to transfer one of the vehicles owned by Mr. Falco, an untitled El Camino to his son, Bobby Joe Mattull, the sum of $1,500.00 to Mr. Falco's daughter Amy Worley; and two hand guns, one revolver and one pistol, to Mr. Falco's daughter Amanda A. Falco, all in exchange for releases from the children. The Court entered an Order dated June 9, 2010 permitting the transfers. Releases from the children have been filed with the Register of Wills. The Administrator also petitioned this Honorable Court to approve the transfer of a pistol to herself as a former wife and further to approve that upon the payment of all debts, costs fees and taxes of the Estate and the two specific bequests mention in decedent's Will pay herself as the surviving spouse an amount equal to one-third of the net estate, not including the specific bequests, or twenty thousand dollars, whichever is less. This Court by Order dated June 9, 2010 approved the transfer and the proposed distribution but ordered that "she shall not make this distribution until the Final Account in this case has been approved." The account indicates final distributions to be made in equal amounts to the beneficiaries. All creditors have been paid and no further creditors are anticipated. The original Affidavits of the legal notices of Mr. Falco's passing and Barbara J. Boyer being named Administrator of the Estate are attached. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Joseph D. Buckley, Esquire I.D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLawnaol.com SUMMARY OF ACCOUNT Current Fiduciary Pale Value Acquisition Value Proposed Final Distribution to Beneficiaries 4 Principal Receipts 1 13 5,963.07 Less Disbursements: Debts of the Decedent 2 30,509.78 Funeral Expenses (P.O.E.) 2 2,355.00 Administrative Expenses 2 4,250.26 Fees & Commissions 3 31,691.93 Miscellaneous 3 1,015.70 69,822.67 Distribution to Specific Beneficiaries 4 23,275.00 Principal Balance on Hand 3 42,865.40 Balance Before Final Distribution 4 42,865.40 RECEIPTS OF PRINCIPAL Fiduciary Cash: Acquisition Value Received from Coroner $ 3,557.00 Metro Banlc Checking Account 1,548.35 Refund (C&E Gun Show deposit) 400.00 Refund (Gil Hebard Guns) 32.00 BB&T Bank checking account 134.25 ADT Security (refund) 19.66 Refund (from Yahoo Search) 12.27 5,703.53 Tan ible Personal Property: 1995 Harley Davidson Road King Motorcycle 6,000.00 1995 Chevrolet 3500 Pickup Truck 12,775.00 1996 Freightliner Tractor 3,500.00 El Camino untitled vehicle 1,500.00 Pistol (Armsco 45 caliber) 500.00 Revolver (Smith & Wesson, 44 Magnum) 500.00 Pistol (Kimber 45 caliber) 500.00 Firearms, supplies, trailer, tools, personal property (auction proceeds total, less advertising and auction fees 134,533.75 - 29,549.21) 104,984.54 130,259.54 Total Receipts of Principal $ 135,963.07 DISBURSEMENTS OF PRINCIPAL Debts of Decedent 03-17-10 Borough of Carlisle (Water & Sewer) 65.94 03-17-10 Sprint (Final Bill) 204.09 03-23-10 Dept. of Revenue (Sales Tax License Close a/c) 26.61 04-06-10 Carlisle Parks & Rec (tree removal) 1,100.00 OS-06-10 Orrstown Bank (wire transfer AMEX payoff) 16,425.64 OS-06-10 Citicorp Credit (payoff Tractor Supply) 382.37 OS-07-10 Capital One Bank (Visa Payoff 5336) 125.58 05-07-10 Capital One Bank (Visa Payoff 9023) 112.49 OS-07-10 Capital One Banlc (Visa Payoff 9456) 218.13 OS-07-10 Century Link (Final Bill) 207.29 OS-18-10 Asset Acceptance, LLC (payoff their file #3260095) 5,346.43 OS-19-10 Irwin & McKnight (Matter No. 7039-1) 346.05 OS-28-10 Prof. Bur. Of Collections Md. (GE matter) 536.44 07-08-10 PA State Police FSSF (Background Check fee) 31.00 08-24-10 CBCS final payment to PP&L 1,312.52 08-19-10 Phillips & Cohen (Chase Bank settlement) 637.22 11-08-11 Merrick Bank 339.38 11-28-11 Cornerstone FCU Visa Acct Payoff 3,092.60 30,509.78 Funeral & Burial Expenses 11-24-09 Hollinger Funeral Home (Services) 2,355.00 2,355.00 Administration Expenses 12-04-09 Cash -Detail truck and gas 100.00 03-17-10 CC Law Journal (Administrator's Notice) 75.00 04-01-10 Beth Stoneberger (Garage Storage 4 months) 800.00 04-28-10 RT Carey Trucking (Trash Removal 649 Hanover) 225.92 OS-OS-10 HJ Towing & Recovery (Freightliner) 365.02 OS-18-10 The Sentinel (Administrator's Notice) 219.40 OS-19-10 Register of Wills (filing fees releases) 10.00 OS-25-10 RT Carey (Trash Removal 649 Hanover) 714.32 02-17-12 Register of Wills -Additional Probate 50.00 06-18-12 Register of Wills -Balance of Inheritance Tax 1,510.60 2 09-06-12 Clerk of the Orphans Court (filing fee) 180.00 4,250.26 Fees & Commissions OS-06-10 Joseph D. Buckley, Esquire Partial professional fees and costs 11,000.00 OS-26-10 Joseph D. Buckley, Esquire (Water Bill Reimbursement) 66.93 09-07-10 Joseph D. Buckley, Esquire (Partial Fee) 5,000.00 09-28-10 Joseph D. Buckley, Esquire (Partial Fee) 1,500.00 O1-OS-11 Joseph D. Buckley, Esquire (Partial Fee) 5,000.00 OS-17-12 Barbara J. Boyer -Administrator's fee (Partial) 3,000.00 09-04-12 Joseph D. Buckley, Esquire Final payment fees 2,500.00 09-04-12 Barbara J. Boyer -Administrator's fee (Final) 3,500.00 09-OS-12 Joseph D. Buckley. Esquire (Final Costs) 125.00 21,591.93 T\~TicrPllanPnnc 11-24-09 Misc. Expense Amanda Falco (cash) 200.00 11-24-09 Amanda Falco (locksmith charges) 365.70 10-27-10 Darrell Shoop (refund of deposit) 450.00 1,015.70 Distributions to Specific Beneficiaries 1995 Harley Davidson Motorcycle to Rodney Keckler 6,000.00 1995 Chevrolet Pickup Truclc to Patsy Keckler 12,775.00 E1 Camino untitled vehicle to Bobby Joe Mattull 1,500.00 Pistol (Armsco 45 caliber) to Amanda Falco 500.00 Revolver (Smith & Wesson, 44 Magnum) to Amanda Falco 500.00 Pistol (Kimber 45 caliber) to Barbara J. Boyer 500.00 07-27-10 Amy Worley (daughter) per Court Order 1,500.00 23,275.00 Total Disbursements 93,097.67 PRINCIPAL BALANCE ON HAND 42,865.40 3 RECEIPTS OF INCOME NONE 0.00 BALANCE BEFORE FINAL DISTRIBUTION 42,865.40 PROPOSED FINAL DISTRIBUTION As per Court Order dated June 9, 2010: Barbara Boyer ~ 14,288.46 Destiny Daniels c/o Amanda A. Falco $28,576.94 Barbara J. Boyer, the Administrator under the Will of Robert C. Falco, deceased, hereby declare under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final 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 by the estate. All taxes due and owing of the estate have been paid. C~2 ~2c~ B bara J. Boyer COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this the 5th day of September, 2012, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, personally appeared Barbara J. Boyer who swore to and then executed the foregoing Final Account and the amounts and purposes therein contained and further swore statements are all true and correct to her knowledge and belief. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ `"""'~ `' ~ !~ Notary P lic NOTARIAL SEAT. KAREN KAY BUCKLEY NoUry Public SOUTH MIODLETON TWP, CUMBERLAND CNTY My Commission Expires Jun 23, 2013 4 PROOF OF PUBLICATION OF NOTICE IN CUl~iBERLAND LAW JOURNAL {Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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, V1Z: April 2, April 9 and April 16, 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. ~/ -mac--- ~ ~= -~ ~~c , ._ L' a Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 16 da off April, 2010 r Notary Falco, Robert C., deed. Late of Carlisle Borough. Administratrix: Barbara J. Boyer c/o The Law Offices of Joseph D. Buckley, 1237 Holly Pike, Carlisle, ~ ~"""~.~~:~~t°~~-~ =~ ~ -,,~vs~.,~~~.~::m~„~ PA 17013. ~ 1~~ T, i~ ,~,~. a ~ ._~.: Attorney: Joseph D. Buckley, L~=~~'~%=,'~:-i .~ CCri.i.;`,' L Esquire, 1237 Holly Pike, Carlisle, ~ r~au'c~r; p~,.,;~a;;C PA 17013, (717) 249-2448. ~n_~~ fSL~ ~ ti p vv ~}( t f~ L~^.3'~;91.5~^tG"2Yt1.=^tLZ7:^.&.'9 .<,.. :"~-^:~'zi a..i:L:S<::: ~c'',_:;:R^:, i .u....u 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): March 27, April 3 and 10, 2010 COPY OF NOTICE OF PUBLICATION ADMINISTRATOR'S NOTICE Letters of Administration for the Estate of ROBERT C. FALCO, late of Carlisle Borough, Cumberland County, PA, deceased, have been granted to-the undersigned. -All persohs' knowing themselves to be indebted to said Estate will make payment immediately and those having claims will present them for settlement to: Barbara J. Boyer c/o Thetaw Offices of Joseph D. Buckley 1237 Holly Pike Carlisle,. PA 17013 (717) 249-2448 Or to: Joseph D~ Buckley, Esquire 1237 Holly Pike .Carlisle, PA 17013 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 tru ~ L.l' Sworn to and subscribed before me this ~ + ao~~. C~~ Notary Public My commission expires: NOTARIAL SEAL BAM81 ANlal NECKENOORN Notatiry Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX INHERITANCE TAX DIVISION STATEMENT O F A C C O U N T PO BOX 280601 HARRISBURG PA 17128-0601 JOSEPH D BUCKLEY ESQ 1237 HOLLY PIKE CARLISLE PA 17013-4435 per s~lvania DEPARTMENT OF REVENUE REV-1607 EX AFP t12-11) P.~,TE 07-09-2D12 ES~~'ATE OF FALCO ROBERT C DATE OF DEATH ~1-12-2009 FILE NUMBER 21 10-D177 COUNTY CUMBERLAND ACN 101 ~- Amount Remitted ~ MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 NOTE: To ensure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE --~ RETAIN LOWER PORTION FOR YOUR RECORDS F- --------------------------------------------------------------------------- REV-1607 EX AFP CI2-11) ~~* INHERITANCE TAX STATEMENT OF ACCOUNT *~~ ESTATE DF:FALCO ROBERT C FILE N0.:21 10-0177 ACN: 101 DATE: 07-09-2012 THIS STATEMENT PROVIDES CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 06-11-2012 PRINCIPAL TAX DUE: 4,420.23 PAYMENTS CTAX CREDITS): PAYMENT RECEIPT DISCOUNT C+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID t-) 08-25-2010 CD013252 .00 3,000.00 Ob-19-2012 CD016138 88.74- 1,510.60 TOTAL TAX PAYMENT 4,421.86 BALANCE OF TAX DUE 1.63CR INTEREST AND PEN. .00 TOTAL DUE I 1.63CR ~; ~~~ * IF PAID AFTER THIS DATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" OCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n ~~ _~ _.} ORPHANS COURT DIVISION ~ ~ ~ ~, r ~,` ::; i ~ - ; '~ _ _ 4 i _ F IN RE: ESTATE OF ROBERT C. FALCO, ~~-~ ~.., ~="~ -_ deceased _ ~ , -~ r,' ~ --n - J ~~ -;,, - ~ ~~..f 21-10-177 NO ;,:` ~ -- '~~~ -° `~~" . -~ ' ~ ~ ~:~ v~ ORDER OF COURT AND NOW this 9th day of June, 2010, following a hearing on the Petition of the Administratrix to approve a Release and approve a settlement with the descendant Robert C. Falco's children and spouse the Court enters the following: 1. The action of the Administratrix of giving the decedent's untitled El Camino together with all the automobile parts which were believed to be associated with said vehicle to decedent's son, Bobby Joe Mattull is hereby approved as being proper and just. The Administrator shall file the Release she received from said Mr. Mattull with the Register of Wills and the Release is hereby accepted and approved. 2. The Administratrix shall as soon as possible transfer two handguns: a Smith & Wesson 44 magnum Revolver (serial number AJK6588 M 629-1) and an Armscor 45 caliber semi-automatic pistol (serial Number AP927710) subject that any and all appropriate state and federal laws regarding the transfer of such firearms to decedent's daughter, Amanda A. Falco. The Administratrix shall obtain a Release from said Amanda Falco and file the same with the Register of Wills prior to the transfer. - ~ s"~'~i,:~c Cc~PY FI~Ofv1 RECORD !n Testimony wherof, I hereunto aet my hand and the seal of~,s id Court Carlisle, P.~;.,, ~h~~ ~ day ~~, ~ , < ~~ ~I~rk of t~ rph s Cart 3. The Administratrix, if she has not done so already have the decedent's Kimber 45 caliber semi-automatic pistol bearing serial number KO74227 transferred to herself and shall obtain a Release and file the same with the Register of Wills. 4. The Administratrix shall to pay to decedent's daughter, Amy Worley, the sum of one thousand dollars ($1,000.00) in return for her full release of any claims she may have against the Estate and once the release is received file the same with the Register of Wills. 5. The Administratrix shall upon payment of all debts, costs, fees and taxes of the Estate, distribution of any specific bequest and prior to distributing the balance of the funds to the residuary beneficiary that she pay to herself as the surviving spouse and amount equal to the one-third of the net estate, not including any specific bequests, or $20,000.00 whichever is less. However, she shall not make this distribution until the Final Account in this case has been approved. BY THE COURT DECEDENT'S ESTATE ~`.~~ ~, .~~ _i"' - L ~ fi`r'; i 1 1 `~ - 1 ~_ ..~ P_. .~ COURT OF COMMON PLEAS OF (~b - . - -, CUMBERLAND COUNTY ~.' PENNSYLVANIA - -~, ` : ~; , ~ „ ~ . ORPHANS' COURT DIVISION ~~' -.~~ ` ~ ~~~~ ' ,- : ~; - t .. r -_ ~.r~ ~ ~="` ESTATE OF ROBERT C. FALCO ,DECEASED No. 21-10-0177 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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Joseph D. Buckley, Esquire Supreme Court I.D. No.: 38444 Name of Law Firm: Law Offices of Joseph D. Buckley Address: 1237 Holly Pike, Carlisle, PA 17013-4435 Telephone: 717-249-2448 Fax: 717-249-4103 Form oc-0~ rev. 10.13.06 Page 1 of 10 ' 4 Estate of ROBERT C. FALCO 1. Name(s) and address(es) of Petitioner(s): Name: Barbara J. Boyer Address: 25 Bentley Place Carlisle, Pa 17013 Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None 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 November 12, 2009 Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on March 12. 2010 Date of Will (if applicable): No Date (Holigraphic) Date(s) of Codicil(s) (if applicable): None 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? ......... /~ Yes Q No Dates of advertising of the grant of Letters: 04-02-10, 04-09-10, & 04-16-10 (CCLJ) 03-27-10, 04-03-10 & 04-10-10 (The Sentinel) Fora, oc-n~ rev. ~a~3.o6 Page 2 of 10 Estate of ROBERT C. FALCO ,Deceased 3. Was decedent survived by a spouse? ............................. ^/ Yes ^ No If yes, name of the surviving spouse: Barbara J. Boyer 4. Has the surviving spouse filed to take an elective share? ............. ~/ Yes ^ No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: See Order of 06-09-10 (The Honorable J. Wesley Oler) 5 6 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) Did decedent marry after execution of Will or Codicil(s)? ........... Q Yes Q 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 ~ No Form OC-Ol rev. 10.13.06 Page 3 Of 10 Estate of ROBERT C. FALCO ,Deceased 8. 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 sha11_ 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 ju~is (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: A. State each party's relationship to the decedent and the nature of each party's interest(s): Relationship and Comment Interest Name and Address of Each Party in Interest Destiny Daniels c/o Amanda A. Falco 213 Lehman Street Ft. Bragg, NC 28307 Barbara J. Boyer 25 Bentley Place Carlisle, Pa 17013 granddaughter residing 2/3 of residuary as with her guardian and per Order dated June mother, Amanda Falco 9, 2010 by Judge J. (daughter of decedent) Wesley Oler surviving spouse 1 /3 of residuary as per Order dated June 9, 2010 by Judge J. Wesley Oler Form oC-01 rev. 1o.13.n6 Page 4 of 10 Estate of ROBERT C. FALCO Deceased B. Identify each party who is not sui ju~is (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. Destiny Daniels (granddaughter) age 9 years. Daughter of Amanda A. Falco, mother and legal guardian, both residing at 213 Lehaman Street, Ft. Bragg, NC 28307. 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). The minor child has been represented throughout the Estate proceedings and administration by her mother and legal guardian Amanda A. Falco. The Court has formerly accepted mother as guardian in this Estate ,see Petition filed May 2010 and Order following hearing dated June 9, 2010. 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. Form oc-o~ ~~ev. ro. ~3. n6 Page 5 of 10 Estate of ROBERT C. FALCO ,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 Will Claim Admitted? Be Paid In Full? Q Yes ^Yes ~No 0 No ^Yes Q Yes ^No ^ No ^Yes 0 Yes ^No ^ No ^Yes ^Yes ^No ^ 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. 10.13.06 Page 6 of 10 Estate of ROBERT C. FALCO 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 08-25-2010 06-19-2012 Deceased Payment Interest 3,000.00 1,420.23 90.37 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 disch~~rged 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: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 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. Form OC-O1 rev. 10.13.06 Page 7 Of 10 Estate of ROBERT C. FALCO Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes ~ 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. None 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? ........................................ DYes ^ No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... Dyes 0/ No As to real estate only? ........................................ ^Yes ^/ No Form OC-01 rev. IOJ3.06 Page g Of 1 Estate of ROBERT C. FALCO 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 Distributee(s) B. Principal: Proposed Distributee(s) Barbara J. Boyer Destiney Daniels c/o Amanda A. Falco Amount/Proportion Amount/Proportion 1/3 2/3 Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: Barbara J. Boyer Name of Petitioner: Fornz OC-O1 rev. 10.13.06 Page 9 Of I Q Estate of ROBERT C. FALCO Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * ~ ~;, -- ~f t P abo ~~e n um~-,u„ - that the 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). Si nature of Petitio r 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. ,~ A //~ ~, ,~ ~ ~~~ ~.' ature of Counee or Petition Form oc-o~ rev. to.~3.06 Page 10 of 10 IN RE: ESTATE OF IN THE COURT OF COMMON PICAS ~~°^` =.~.~ ROBERT C. FALCO OF CUMBERLAND COUNTY, ~~' ~.~ ~-~ ~; PENNSYLVANIA "~ -i~ ~" ~ -- ~ -=~=~ Deceased Late of ORPHAN'S COURT DIVISION ~^~~. ~ ~=~ ` ~, __ ~ ~ ~ ,'_-' Carlisle Borough, : ~ L -; ~: ,_ Cumberland County, PA N0.0177- 2010 ~ ~ ~' ~ ~' ~ry /~ / ~v7 c. ~ ~ ~ R 1 (.~`' A CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, hereby certify that true and correct copies of the PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION For The ESTATE OF ROBERT C. FALCO with Statement of Proposed Distribution was served in accordance with the Rules of the Orphans' Court by means United States Mail, First Class, postage paid and United States Mail Certified/Return Receipt on the following persons at the following addresses: Destiny Daniels c/o Amanda A. Falco 213 Lehman Street Ft. Bragg, NC 28307 An electronic copy of all of the said documents was also sent to Amanda A. Falco at amantla.a.falcoti~~us.arm4v.niil True and Correct copies of the said documents were personally served on Barbara J. Boyer. ,. ~+ ~ Y1 // 1+, September 10, 2012 ~ _ ~V//J Josep ~ uck ey, E ire A , - ~ ey for Accoun nt, Barbara J. Boyer ...-supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Jc~eBLa`v~"ii-,aol.com PROOF OF PUBLICATION OF NOTICE ~~ -~ ~ ~, ~_~ - ~:_. IN CUMBERLAND LAW JOURNAL _ rn ~ ~:, ;. ~- ~ _ R~ _ _ ;T :: - ~ =- - (Under Act No. 587, approved May 16, 1929), P. L.1784 ~ r =~ ~ ° ' - ~.. COMMONWEALTH OF PENNSYLVANIA -., ~ ~" `~ c; 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 ±he 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: Apri12, April 9 and April 16, 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. L~ a Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 16 day of April, 2010 Notary Falco, Robert C., deed. Late of Carlisle Borough. Administratrix: Barbara J. Boyer c/o The Law Offices of Joseph D. Buckley, 1237 Holly Pike, Carlisle, PA 17013. ~ ~~:~ ~ . :~, ~,,.$: •.. Attorney: Joseph D. Buckley, ~ ~~,~~~ ~ `~'" Esquire, 1237 Holly Pike, Carlisle, ~"~'~ ~~ ~ ` ~ r' C~`"~"~'~'~' ~ ~ PA 17013, (717) 249-2448. ff{(++ l!°°~~ ~" °F~'' ' "~-' C ~'~i~: i1.3 ~..'.: ~~ h U ~ ! P) R -~`~~ ~~~' it : ,~' 9 c! '/'t Sn ~ I t~-1-~ ~ r , c ~ i! ~ A i 1 :~ ; J"c~... f G ~ ~ ~ I./ 3` j •.r,} 4`. 'JN'S/1Y-.~`N,'F~!'Sf^LP..::3~mg~.,x.~.:i:~+ 5~~~-0aS 1c d...p.}~:6~'r:, 3K°a..i~Sci~;; &]'+'4'f PL.u'iP~~.