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HomeMy WebLinkAbout01-31-11 (2)F:\DOCS\Est\MIS\SCHELLERbondpetition 1-31-20ll.wpd IN RE: ESTATE OF ELAINE E SCHELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA ORPHANS' COURT DIVISION N0. 21-2005-1109 PETITION TO RELEASE BOND ~~ A _~Y .~. ~. ~-- i i- NOW comes the Petitioner, Linda M. Barbush, by and ',through her Attorney, David H. Stone, who. petitions the court for an order releasing the bond in the above captioned matter and in support thereof states as follows: 1. Petitioner filed a petition for Letters of Admi~.nistration for the above captioned estate with the Office of Register of Wills in December, 2005; 2. By order of Glenda Farner Strasbaugh, Register of Wills of Cumberland County of December 29, 2005, Petitioner was required to post a surety bond in the amount of $150,000. 3. Petitioner posted the. required bond and L~~ters of Administration were issued to Linda M. Barbush on Febr'u~ry 9, 2006; 4. The administration of the estate is completed ~~ wit: (a) An Inheritance Tax Return was filed on August 6, 2006 and approved by the Department of Revenue on October 2,',2006 See attached appraisement; (b) The real estate at 1 Boxwood Lane, Camp H~11, Cumberland County, PA was distributed in kind to the heirs; (c) A final status report under Rule 6.12 leas been filed noting that the administration has been completed. (d) A Receipt, Release and Waiver of Accounting signed by Diane Scheller, Mark Scheller and Linda M. Barbush ri/k/a Linda M. Sheller were filed with the Register of Wills on January 31, 2011. Gies the same are attached hereto. fir.. Lu+Y•C/~ ~ _I i~....~I 1 1.~... LV .J t 1 v ~~ -~-- _ ~ ~ ~, , ea ~ WHEREFORE, the Petitioner requests that an order be issued releasing said bond. DATE : ( "3 ('4 ~ Respectfully ,~u,~nitt~d, David on E q~uiz~~ e - STONE LAFAVER SHEKI'~ETSKI 414 Bridge Street New Cumberland, PA 1~d70 (717) 774-7435 ATTORNEY FOR ESTATE I V E R I F I CAT I O N DAVID H. STONE states that he is the attorney for tM~ estate named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true' end correct to the best of his knowledge, information and belief; ',and that this statement is made subject to the penalties of 18 Pad C.S.A. §4904 relating to unsworn falsification to authoriti~.,'~ DAV H. ST E' U" "' Date : ~~~ ~~t J.. - a est'\zel`~SCHELLERdiane IN RE: ESTATE OF ELAINE E. IN THE COURT OF Cp~IMON PLEAS OF SCHELLER CUMBERLAND COUN"Z'Y!,, PENNSYLVANIA LATE OF THE TOWNSHIP OF ORPHANS' COURT ~11V~ISION LOWER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-OS-1109 RECEIPT RELEASE AND WAIVER OF ACCOUNT~Nf3 Im1OW ALL IAN BY THESE PRESENTS, that I, DIANE SCbiE$,LER, being one of the beneficiaries under the will of ELAINE E. SCHELLER, do hereby acknowledge that I have received all sums of money and property due me by virtue of the death of ELAINE E. SCHELLER, in full s~~isfaction and settlement of all of my rights and claims under her est~$e. I further declare, intending to be legally bound,. tthat I hereby waive my right to require the filing of a First and Fine Account and Proposed Schedule of Distribution in any Court of Common Pleas having jurisdiction over the same, and I acknowledge that I have had an opportunity to examine copies of the books and records of the said estate, and I agree to the final distribution of the estate without further formalities, and with the same force and effect',as if a First and Final Account and Proposed Distribution had been filed in a Court of Common Pleas of Pennsylvania having jurisdiction over the same and duly audited and confirmed. AND THEREFORE, I, DIANE SCHELLER, do by these pre!sen~ts, remise, release, quitclaim and forever discharge the Administr~tl,rix, her heirs, successors and assigns, from the acts of the Adrninistratrix as aforesaid, and of and from all actions, suits, payments,, accounts, ~-, consent to the discharge of the said Administratrix. reckonings, claims, and demands whatsoever, for or by ~~ason thereof, or any other act, matter, cause or thing whatsoever, ar~d I do hereby IN WITNESS WAEREOF, I have hereunto set my hand,ar~d seal the ~ ` day of ~~ 2011. I,~ Witness DIANE SCHELLER '' STATE OF FLORIDA SS: COUNTY OF P,~.c On this, the a`1"' day of ~a~`~"_1 ,', X011, before me a Notary Public, the undersigned officer, personally'~appeared DIANE SCHELLER, wn to me {or satisfactorily proven) to b~ ~k~e person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein c4n~ained. i IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ~~~' Nota Pub %c ~~~ e~/-a~ .- ~-ntop ~`' '= MY D0001070 EXPIq~ 00.2011 ~ao~at -2- _L ~~--_ est\rel\SCHELLERdiane IN RE: ESTATE OF ELAINE E. . SCHELLER . LATE OF THE TOWNSHIP OF LOWER ALLEN, CUMBERLAND . COUNTY, PENNSYLVANIA RECEIPT.. RELEASE AND ' IQTOW ALL ~N BY TSESE PRESENTS , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-05-1109 WAIVER OF ACCOUNT~!Nt~ that I, MARK SCHELLLER, being one of the beneficiaries under the will of ELAINE E. SCHELLEER, do hereby acknowledge that I have received all sums of money and ~~operty due me by virtue of the death of ELAINE E. SCHELLER, in full satisfaction and settlement of all of my rights and claims under her est~~e. I further declare, intending to be legally bound, ithat I hereby waive my right to require the filing of a First and Fine Account and Proposed Schedule of Distribution in any Court of Common'P1eas having jurisdiction over the same, and I acknowledge that I haul had an opportunity to examine copies of the books and records o~ the said estate, and I agree to the final distribution of the estate without further formalities, and with the same force and effect,~s if a First and Final Account and Proposed Distribution had been filed in a Court of Common Pleas of Pennsylvania having jurisdiction over,the same and duly audited and confirmed. AND THEREFORE, I, MARK SCHELLER, do by these presets, remise, release, quitclaim and forever discharge the Administx~a~~ix, her heirs, successors and assigns, from the acts of the Adm~~istratrix as aforesaid, and of and from all actions, suits, paymentsy accounts, reckonings, claims, and demands whatsoever, for or by reason thereof, or any other act, matter, cause or thing whatsoever, and I do hereby consent to the discharge of the said Administratrix. IN WITNESS WHEREOF, I have hereunto set my hand ~n~'seal the ~-` day o f `-S/~/~.`1 2 011. MARK SCHELLER COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF C~~ ~1~.L qN ,-~ . t4- On this, the ~/ _ day of ,'~ ~Oll, before me a Notary Public, the undersigned officer, personally', appeared MARK SCHELLER, known to me (or satisfactorily proven) to be lthe person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein coMt~~ned. IN WITNESS WHEREOF, I have hereunto set my hand ~n~l'seal the day and year first above written. ~~ Notary P~tb ' c TINA hA. BURKEY, P~lic v Cwn~nd Boro,'~ Co ' Cartn~lalon E 15,2013 -2- eat\rel\SCHELLEAlinda IN RE: ESTATE OF ELAINE E. IN THE COURT OF CdMMON PLEAS OF SCHELLER CUMBERLAND COUN'TY' PENNSYLVANIA LATE OF THE TOWNSHIP OF ORPHANS' COURT DI~~SION LOWER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-OS-1109 ~~CEIPT RELEASE AND IVER OF ACCOUNTING RNON ALL 1~N HY THESE PRESENTS, that I, LINDA M. B~,FtBUSH NKA LINDA M. SCHELLER, being one of the beneficiaries under'~he will of ELAINE E. SCHELLER, do hereby acknowledge that I have x~Geived all sums of money and property due me by virtue of the death of ELAINE E. SCHELLER, in full satisfaction and settlement of all of'',my rights and claims under her estate. I further declare, intending to be legally bound, t~hiat I hereby waive my right to require the filing of a First and Fina,!1'Account and Proposed Schedule of Distribution in any Court of Camman~ leas having jurisdiction over the same, and I acknowledge that I have had an opportunity to examine copies of the books and records o';f''the said estate, and I agree to the final distribution of the estlj~te without further formalities, and with the same force and effect ~s if a First and Final Account and Proposed Distribution had been filed in a Court of Common Pleas of Pennsylvania having jurisdictian over', the same and duly audited and confirmed. AND THEREFORE, I, LINDA M. BARBUSH NKA LINDA M. 5~H~LLER, do by these presents, remise, release, quitclaim and forever d~.~charge the - Administratrix, her heirs, successors and assigns, from the acts of the Administratrix as aforesaid, and of and from all actions, suits, payments, accounts, reckonings, claims, and demands wMat~oever, for or by reason thereof, or any other act, matter, cause or t~4ing whatsoev- er, and I do hereby consent to the discharge of the sail Administratrix. IN WITNESS WHEREOF, I have hereunto set my hand anc~ seal the 2~~ day of ~Q~ __, 2011. Wit ss ness LINDA M . BAARBUSH LINDA M. SCHELLER STATE OF GEORGIA SS: COUNTY vF . On.'this, the .~ day of _SJany me a Notary Public, the undersigned officer, pers~ M. BARBUSH NKA LINDA M. SCHELLER, known to me (or proven) ~o be the person whose name is subscribed instrume~ and acknowledged that she executed the poses therein contained. 2'011, before ~nally ~~a~peared LINDA satisfactorily to they iwithin I same fb~r the pur- IN WITNESS WHEREOF, I have hereunto set my hand arid'~fieal the day and year first above written. _i__ ~~