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HomeMy WebLinkAbout04-28-09t ..:;. ~; A~ C! ~~~ri7 (J ~ ,-~ ~~ 7 _ .. Q~" r'1 Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover ~ Attorney I.D. No. 200997 ` 301 dllarket Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com Attorneys for Petitioner IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF JOSEPH SAMUEL LOTZ, ORPHANS' COURT DIVISION Deceased NO. 21-08-1000 PROOF OF SERVICE AND REQUEST FOR ENTRY OF DECREE EXTENDING TIME TO THE HONORABLE JUDGES OF THE ORPHANS' COURT DIVISION: 1. Petitioner, Shirley Bennett Lotz, filed a Petition on April 6, 2009 to extend time for election to take against her husband's Will under the provisions of Section 2210, Probate, Estate and Fiduciary Code and Cumberland County Orphan's Court Rule 12.3-1 and 12.3-2. 2. The Last Will and Testament of Decedent provides, inter alia, that the residuary estate is to be divided equally among Decedent's children, Dyan L. Yingst (Executrix), residing 801 Pheasant Road, Harrisburg, Pennsylvania 17112, Linda A. Lotz, residing at 1900 Frontage Road, Building 1, Suite 1808, Cherry Hill, New Jersey 08034, and David W. Lotz, residing at 398 Sweetbriar Drive, Harrisburg, Pennsylvania 17111. 3. Petitioner, Shirley Bennett Lotz, the surviving widow of the Decedent served the heirs with the Petition to Extend as follows: a. Linda A Lotz, 1900 Frontage Road, Bldg. 1, Suite 1808, Cherry Hill, NJ, 08034 via certified mail received and signed for by Linda Lotz on April 9, 2009. The "green card" evidencing delivery of the petition is attached hereto as Exhibit A. b. David W. Lotz, 398 Sweetbriar Drive, Harrisburg, PA 17111 via certified mail received and signed for by David Lotz on April 10, 2009. The "green card" evidencing delivery of the petition is attached hereto as Exhibit B. c. Dyan L. Yingst, 801 Pheasant Road, Harrisburg, PA 17112. The petition was sent to Ms. Yingst via certified mail and the Certified Mail Receipt showing a postage date of April 6, 2009 is attached hereto as Exhibit C. However, Ms. Yingst failed to retrieve the certified mail as evidenced by the tracking information attached hereto as Exhibit D. Counsel for Petitioner resent the Petition via regular mail on April 16, 2009 and a Certificate of Mailing is attached hereto as Exhibit E. 4. More than ten (10) days has elapsed since the petition was re-sent to Dyan Yingst, being the last heir served with the Petition and no objection has been received by counsel for the Petition or filed with the Court. 5. As such, under Cumberland County Orphan's Court Rule 12.3-2 a decree may be entered granting Petitioners' request for an extension of three (3) months to make the election of the surviving spouse under Section 2210, Probate, Estate and Fiduciary Code. 2 WHEREFORE, no objection being filed by the heirs within ten (10) days after service of the Petition, Petitioner, Shirley Bennett Lotz, requests that a final decree be entered by this Honorable Court granting her Petition and giving an extension of three (3) months from the date of the Order of Court to make the election of the surviving spouse under Section 2210, Probate, Estate and Fiduciary Code. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Eliza eth . Snover Attorney I . No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 ,,LL Attorney for Petitioner, Shirley Bennett Lotz, Dated: ~7'27J ©~ Surviving Widow :ssaoos 3 EXHIBIT A • t~orrtpls~s iterrrs 1, 2, and 3. Also oompie'te a ~ ~e"t Ilem 4 i< Restricted DeUvery Is desirod. ~ ^ Print your name and address on the reverse eo that we can return the card. to you. ea by ( C. Deflvery ^ Attach this turd to the bads of the mailpiece, ~ ~ O or on the front H apace permits. D. la delivery addross difMrerd from item 1? Yes 1. ARble Addrossed to: M YE3, eater delivery address below: ~ ~ (qov ~rvn-~~ i~-~~ ~~"°`~1 ~ , 5~,+-e ~ 8~v8" ~. .spa ReOi.tered ~ Rehm Reoslpt /or Merohertdea 3 ~ . v keeu.d Mau v c.o.D. U D g ~. f4eslriuMd cw«yr IEkes~ ~ ~eN~e1' 7007 2680 0201 8111 9757 (Asrrseer Iron, rervlca lebeQ _ , 3811. February 2004 _ _ Dorrrsstic-R eturn, Reosipt ' EXHIBIT B ^ Ite1, 2, and s. aso compete Deflrery b dashed. ^ Print your name and addreea on the reverse so that we can return the card ~ you. ^ Attach thhi card to the bads of the mailpieoe, or on the front H space pemdts. 1. ArtiCk Addnsssd to: `~av~~ c~U. (._o'~Z 3 ~ S~;-e~-bra ~ tom. r~ ~ ~.~~~s~-~ ~ i~r~~ a X o~ B. Reoefved by (Prlrrted line) C 9 j py~y D. Is deilvery addaee. 'y f K YES, enter ^ No ~ ~~ ~z~~ ~:y~ R~'j a ,ype ~.. ,.. ~•N.te~ed v Reaan aealpt for .. O kNUed MeN ~ C.O.D. 2. MCk Number ~,,.,,,~„i,~,q 7007 268 0001 8111 974 ~S .... P8 Form 3811, February 2004 Domestic Return to~aoe.ea~.~ea EXHIBIT C N a, . ~ ~...: a ~ Postage $ ~ P > ~ cer~ned Fee Q Og ~ p(~ O Retum Receipt Fee ~l "~e ~ n0 (EndoreemeM Required) 6 ~O Reshbted Delivery Fee r. ~ (F~doraement Required) no~9 ~ b ~~ 1. ~ Total Postage 8 Fees ~ U SQS ~ earn ~o "r' • . Y ~ ~~. ~1.. ~a~ O o ~ ~_ . a t ~h --- •- --- -.-- -- Fti a PO Box No. Gail J. Mahoney From: U.S._Postal_Service_ [U.S. Postal_Service@usps.com] Sent: Friday, April 24, 2009 12:06 PM To: Gail J. Mahoney Subject: USPS Shipment Info for 7007 2680 0001 8111 9726 This is a post-only message. Please do not respond. Gail Mahoney has requested that you receive a Track & Confirm update, as shown below. Track & Confirm a-mail update information provided by the U.S. Postal Service. Label Number: 7007 2680 0001 8111 9726 Service Type: First-Class Certified Mail Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Unclaimed HARRISBURG PA 17112 04/24/09 11:58am Notice Left HARRISBURG PA 17112 04/07/09 3:25pm Acceptance LEMOYNE PA 17043 04/06/09 4:37pm Reminder: Track & Confirm by email Date of email request: 04/16/09 Future activity will continue to be emailed for up to 2 weeks from the Date of Request shown above. If you need to initiate the Track & Confirm by email process again at the end of the 2 weeks, please do so at the USPS Track & Confirm web site at http://www.usps.com/shipping/trackandconfirm.htm USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags.htm EXHIBIT E U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMES IC AND INTERNATIONAL MAIL, DOI FOR INSURANCE -aOSrMASTER ~~ O o v po0 .~ I ~ ~ N •- ~O~o ~6 ~ "~ O. N .r a~ ~ ~,' ~ O Cte' ~ LL ,` 4 ~ J ,,,~ ~ o O NO Q 0~/n.tf1 O O CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Proof of Service and Request for Decree on Petition of Surviving Widow to Extend Time for Election to Take Against Will pursuant to Local Rules 12.3-1 and 12.3-2 has been duly served upon the Executrix of the Estate of Joseph Samuel Lotz, by depositing the same in the United States Mail, postage prepaid, by certified mail, restricted delivery, return receipt requested, in Lemoyne, Pennsylvania, on April 27, 2009: Dyan L. Yingst 801 Pheasant Road Harrisburg, PA 17112 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. By Elizabet . Snover