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HomeMy WebLinkAbout05-01-14 (2) DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF RICHARD F. GALLINA -, DECEASED No. 21-13-0756 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form maybe 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. �•1 N INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. 'm � o rrnn = o � nr M -iv D z F—+ rn m r rn z v-' v C7 cn o -n ?t Name of Counsel: Jennifer B. Hipp, Esquire oa E - 3 :* M ::0 co r m Supreme Court I.D. No.: 86556 a '{ r [_ o James D. Bo gar Law Offices `L Name of Law Firm: g Address: One West Main Street, Shiremanstown, PA 17011 Telephone: (717) 737-8761 Fax: (717) 737 2086 Form oc-01 rev. 10.13.06 Page I of 10 Estate of RICHARD F. GALLINA Deceased 1. Name(s) and address(es)of Petitioner(s): Name_ Alice J.Gallina Address: 430 Spring House Road Camp Hill,PA 17011 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? . . . . . . . . . . . . . . . . . . . . . M Yes ® No If not, identify prior accountings,the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on Mav 28, 2013 Letters Testamentary or MLetters of Administration were granted to Petitioner(s)on Julv 9. 2013 Date of Will (if applicable): September 24, 2007 Date(s) ofCodicil(s) (:'applicable): N/A Date of probate (if different from date Letters granted): Was a bond required? Yes FA No If yes, state amount: Are proofs of advertising of the grant of Letters attached? . . . . . . . . . 0 Yes 0 No Dates of advertising of the grant of Letters:The Sentinel -7/9/13, 7/16/13, 7123/13 Cumberland Law Journal - 7/19/13, 7/26/13, 8/2/13 Form oC-oi rev.10.13.06 Page 2 of 10 Estate of RICHARD F. GALLINA Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®Yes 0 N If yes, name of the surviving spouse: 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: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . E]Yes R] No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes M 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MYes ® No Form oC-01 rev. 10.13.06 Page 3 of 10 Estate of RICHARD F. GALLINA 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 shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons),Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved,Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties(charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge,having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name acrd Address a Each Farly in Snterest Relationship and Comments,ifany Interest Please see attached. Farm oC-01 rev.10.13.06 Page 4 of 10 Estate of RICHARD F. GALLINA Deceased Name and Address ofF.ach Party in Interest ( Retationshii,and Comments,if any ( Interest B. Identify each party who is not sui juris(e.g., minors or incapacitated persons). For each such party, give date of birth,the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. N/A 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), N/A 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. Farm oC-01 rev, 10.13.06 Page 5 of 10 Estate of RICHARD F. GALLINA 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 Minim I Amoum afClaim Claim Will Claim Admined? Be Paid In Full? None ElYes Yes ®No No E]Yes OYes ONo ONo MY., MYes nNo (3 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 1I✓ No Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®Yes E-1- No Family exemption claimant's name and relationship: Name: Relm+onship: Form OC-01 rev. /0.13.06 Page 6 of 10 Estate of RICHARD F. GAUINA Deceased 12. The amount of Pennsylvania Transfer Inheritance,Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 8/27/13 24,228.01 11 On the date of death,was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? . . . . . . . . . . . . . . . . . . . ®Yes No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative; how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . ®Yes []No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. FormOC-n7 rev. IO.IJ.bb Page 7 of 10 Estate of RICHARD F. GALLINA Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . F-1, Yes ® No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date,and name of Hearing .fudge. 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 0 No 18. If a reserve is requested, state amount and purpose. Amount: 1,250,00 P rp°e Costs to conclude administration of the Estate, including preparation and filing of Court Accounting, Petition for Adjudication and preparation and filing of Fiduciary Income Tax Returns. 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [3Yes MNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . Yes MNo As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E3Yes M No Form oC-oI rev, 10.13.06 Page 8 of 10 Estate of RICHARD F. GALLINA 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) AmoundPropordon Please see attached. B. Principal: Proposed Distributee(s) AmountlProportion Please see attached. Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petit Alice J. Gallina Name of Petitioner: Rom oC-oI rev, f0./3.66 Page 9 of 10 Estate of RICHARD F. GALLINA Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that neishe is titre of the above-named name of corporation and] 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). Signaturet etitioner *Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. d ra S4igtudre f Counsel for Petitioner FormoC-01 rev. 10.13.06 Page 10 of 10 Petition for Adjudication (continued) 9 . A. Name and Address Relationship Interest Alice Jane Gallina Daughter 25% of rest, 430 Spring House Road residue and Camp Hill, PA 17011 remainder Joseph M. Gallina Grandson 12 . 5% of rest, 975 W. Matterstown Road residue and Millersburg, PA 17061 remainder Ann M. Gallina Granddaughter 12 . 5% of rest, 6191 Haymarket Way residue and Mechanicsburg, PA 17050 remainder Richard A. Gallina Son 25% of rest, 6156 East Preston residue and Mesa, AZ 85215 remainder Elizabeth A. Wroga Daughter 25% of rest, 9803 Autumn Lane residue and Woodstock, IL 60098 remainder Humane Society of Charity $1, 000 . 00 Harrisburg Area, Inc. Specific 7790 Grayson Road Bequest Harrisburg, PA 17111 Proposed Distributions (Includes Principal and Income) : Alice J. Gallina $ 757 . 76 Joseph M. Gallina $ 631. 39 Ann M. Gallina $ 631 . 39 Richard A. Gallina $1, 262 . 76 Elizabeth A. Wroga $1, 262 . 76 Humane Society of Harrisburg Area, Inc . $1, 000 . 00 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587,approved May 16, 1929), R L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 19, July 26, and August 2, 2013 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. sa Marie Coyne,Ed' or SWORN TO AND SUBSCRIBED before me this (( 2 day�gust,2013 Notary Oallina,Richard F.,decd. ` late of Hampden Township. Executrix: Alice Jane Gallind c/o Jennifer B. Hipp, Esquire, One West Main Street,Shiremanstown, NOTARIAL SEAL PA 17011. DEBORAH A COLLINS Attorney:Jennifer B.Hipp,Esquire, Notary Public One West Main Street,Shiremans- CARLISLE BOROUGH,CUMBERLAND COUNTY town,PA 17011. My Commission Expires Apr 28.2014 PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland ackie Cox,Director of Sales of The Sentinel, of the County and State aforesaid,being duly swom,deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 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): July 9,16,23 2013 COPY OF NOTICE OF PUBLICATION � �- EXECUTOR'S NOTICE Estate of RICHARD F.GALL/NA Affiant further deposes that he/she is not . l Letters Testamentary on One Estate of Richard F.Gallina,Late of HamPdon Interested in the subject matter of the Township,Cumberland County,Penn Name,have been granted tome undersigned.All persons knowing themselves to be Indebted to said Estate aforesaid notice or advertisement,and that are requested to make Immediate payment,and those having claims will present them,without delay,for settlement to'- all allegations in the foregoing Statement as Alice Jane Gaging,Executor to time,place and character of publication do Jennifer S.Hipp,Esquire One west Main Street re true. ,(�f'J�) Shiremanstown,PA 17011 ' Sworn to and subscribed before me this nA Notary hublic My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal BethaDy M.Ho{by,Notary Public Cadiste Boro,Cumberland County My Commis90n Expires Sept 26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0756 Estate of Richard F.Galiina Deceased Late of Hampden Township FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION Alice Jane Gallina, Executrix Date of Death: 05/28/2013 Date of Executrix's Appointment: 07/0912013 Date Of First Complete Advertisement: The Sentinel 7/9113;7116/13;7123113 Cumberland Law Journal 7/19/13;7/26/13;812/13 Accounting for the period: 05/2812013 to 04/28/2014 Purpose of Account: Alice Jane Gallina, Executrix,offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions,, .- or objections can be discussed with: C3 o c M o m rn Jennifer B.Hipp m �o o Bogar and Hipp Law Offices a r c � v 1 West Main Street a can r—+ o Shiremanstown, PA 17011 0 ? � m ZE 717-737-8761 �CD co M Supreme Court I.D. No.86556 *NOTE: This accounting .has been prepared in accordance with information provided by the Executrix, particularly with respect to reimbursements, expenses, distributions and fund balances. All bank and investment accounts were maintained and redeemed by Alice Jane Gallina, Executrix. SUMMARY OF ACCOUNT Estate of Richard F. Gallina, Deceased For the period of May 28 9Q.j131hMIJ9hAP1iL2L.2QJA Fiduciary Current Acquisition Proposed Distributions PAGES Value Value to Beneficiaries 8 5,546.06 PRINCIPAL Receipts: This Account 1-2 40,161.57 Net Gain (or Loss)on Sales or Other Dispositions 3 113.56 Less Disbursements: 40,275.13 Debts of Decedent 0.00 Funeral Expenses 4 654.00 Administration Expenses 4 2,111.54 Federal, State& Local Taxes 4 24,228.01 Commissions 0.00 Fees 5 7,350.00 Family Exemption 0.00 34,343.55 Balance Before Distributions 5,931.58 Transfer to(from) Principal 0.00 Distributions to Beneficiaries 6 505.00 Principal Balance on Hand 5,426.58 For Information: Investments Made Changes in Holdings INCOME Receipts This Account 7 119.48 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 119.48 Less Disbursements 0.00 Balance Before Distributions 119.48 Transfer to (from) Income - 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 119.48 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 5,546.06 SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Fiduciary Acquisition Value SiSS�t AARP-2 checks totaling$1.69-reimbursement for 1.69 medical expenses. The Decedent had these checks in his possession,but had not yet cashed them. M&T Sank-Checking Account No.491225. Principal 4,886.73 balance at date of death$4,886.71;accrued interest $0.02. NCFCU-Savings Account No.54720-St. Date of 4,224.13 death balance$4,224.13. NCFCU-Checking Account No. 5472054. Date of 1,744.32 death balance$1,744.32. NCFCU-Money Market Account No.54720-53. Date 1,246.00 of death balance$1,246.00. Kinkora Pythian Home-Refund 740.00 Commonwealth of Pennsylvania-2012 Personal 187.00 Income Tax Refund American General -monthly annuity payment 38.00 Members 1st Federal Credit Union-cash deposit to 5,00 open Estate savings account Alice J. Gallina-contribution of personal funds to 24,228.01 pay Pennsylvania Inheritance Taxes AARP/Medicare Refund 2.73 AARP/Modicare Refund 2.74 MetLife-Insurance policy payable to Estate 1,057.39 Commonwealth of Pennsylvania -Unclaimed 5.00 Property Members 1st Federal Credit Union-additional funds 7,95 received re closeout of Decedent's personal savings account Senior Helpers-Refund 210.00 Total Cash 38,586.69 Personal Fre ert r Personal Property/Household Contents -sold at 500.00 private sale Total Personal Property 500.00 SCHEDULE A RECEIPTS OF PRINCIPAL Continued Fiduciary Acquisition Value to kc/I ic4ar� 25.00000 shares MetLife 1,074.88 Total Stocks/Listed 1,074.88 Total Receipts 40,161s7 Total Receipts of Principal 40,161.57 - 2 - SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS - PRINCIPAL W LOSS 08/26/2013 MetLife Net Proceeds 1,188.44 Fiduciary Acquisition Value -1,074.88 113.56 TOTAL GAINS AND LOSSES/PRINCIPAL 113.56 LESS LOSS NET GAIN OR LOSS 56 - 3 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL F rn ral Expenses 06/2512013 Carraba's-funeral luncheon 277.00 06/25/2013 Myers-Harper Funeral Home-balance of funeral 377.00 expenses Total Funeral Exoenses 664.00 Administration Expenses 07/0812013 Cumberland Law Journal-Executrix's Notice 75.00 07/08/2013 Register of Wills-probate fees 138.50 0711612013 Register of Wills-2 Short.Certificates 10.00 07/2912013 Members 1st Federal Credit Union-fee for temporary 4.00 checks 08/01/2013 American General -reclamation of monthly annuity 48.00 payment,plus stop payment fee 08/0112013 The Sentinel-Executrix's Notice 157.68 08/0812013 Register of Wills-3 Short Certificates 15.00 08127/2013 Register of Wills-Additional probate 15.00 09/18/2013 MetLife-return of overpayment 105.36 03/14/2014 Commonwealth of PA-2013 Personal Income Tax 168.00 payment 03/14/2014 Duane E.Herman,CPA-fee to prepare 2013 Personal 125.00 Income Tax Returns - RESERVES:-Costs to conclude administration of 1,250.06 Estate,including filing PA Inheritance Tax Return and Inventory, preparation and filing of final Personal Income Tax Returns and Fiduciary Income Tax Returns Total Miscellaneous Administrative Exoenses 2,111.54 Federal, State. and Local Taxes 0 812 712 01 3 Register of Wills,Agent-Pennsylvania Inheritance 24,228.01 Taxes paid at 5%discount -4 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Total Taxes 24,228.01 Fees 08/27/2013 Jennifer B. Hipp, Esquire-fees for representation of 4,900.00 Estate per agreement Jennifer B. Hipp, Esquire-fees for representation of 2,450.00 Estate per agreement _ Total Fees 7,350.00 TOTAL DISBURSEMENTS OF PRINCIPAL 34,343.55 - 5 - SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 05/29/2013 Alice J.Gallina-"In kind"distribution of personal 500.00 property 10/2412013 Alice J. Gallina-Distribution of Unclaimed Property 5.00 Refund 505.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 505.00 SCHEDULE G RECEIPTS OF INCOME Dividend 0712912013 MetLife-dividend 6.88 TOTAL DIVIDEND INCOME Interest/Bank 07/29/2013 M&T Bank-Checking Account No.491225. Interest 105.44 earned in personal account from date of death through closeout. 07/29/2013 NCFCU-Interest earned in personal accounts from 2.19 date of death through closeout 03/31/2014 Members 1st Federal Credit Union-Interest earned in 4.97 Estate accounts through March 31,2104 TOTAL BANK INTEREST 112.60 TOTAL RECEIPTS OF INCOME _ 7 _ PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 04/28/2014 Acquisition or as noted Value TO: Alice J.Gallina-Proposed Distribution Ann M. Gallina -Proposed Distribution 757.76 631.39 Elizabeth A.Wroga-Proposed Distribution 1,262.76 Joseph M.Gallina-Proposed Distribution 631.39 Richard A, Gallina-Proposed Distribution 1,262.76 4,546.06 TO: Humane- o i tv of Harrisb rg Ar - In Humane Society of Harrisburg Area, Inc.-Specific Bequest 1,000.00 1,000.00 Total 5,546.06 _ g _ In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0756 Estate of Richard F. Gallina,Deceased Verification Alice Jane Gallina,Executrix under the Last Will and Testament of Richard F.Gallina,Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of hither office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that,to his/her knowledge,there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the foregoing Account. . This statement is made subject to penalties of 1S Pa.C.S.A.Section 4904 relating to unsworn falsification to authorities. Dated: y� �! zf %✓.Cx� r��Y X C' Alice Jane G°na,Executrix