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HomeMy WebLinkAbout05-17-12~~i0u~ Steven K. Eisenberg "' Kevin P. Diskin Thomas E. Shea' Joseph K. Rejent' Len M. Gatza' Evan Barenbatlm` Stacey A. Weisblatt' LAW OFFICES Stern & Eisenberg, PC www.srermisenberg.com 261 Old York Road Suite 410 The Pavilion ]enkintown, Pennsylvania 19046 (215)572-8111 Facsimile: (215)572-5025 Richard F. Stem" Jace C. McColley'' Admitted to Pnxtice in PA ' Admitted to practice in Nl Admitted to pmc[ice is NY Of Counul P.~ay 15, 2012. Re: Muscarella Vs. Commonwealth of Pennsylvania Commonwealth Court of Pennsylvania No. 10 FR 2011 Register of Wills of Cumberland County Cumberland County Courthouse 1 Courthouse Sq., 1st Floor Carlisle, PA 17013-3387 Dear Sir or Madam: New Jersey Office (609)397-9200 We and Mitchell A. Kramer, Esq. represent the Petitioner in the above class action matter. We enclose herewith copy of the Order of the Commonwealth Court dated April 3, 2012 together with the Legal Notice, in duplicate, referred to therein. In accordance with the Order, please post the Legal Notice in a prominent place in your office for at least two weeks after receipt. Once it has been posted for at least two weeks, I would appreciate it if you will complete the attached affidavit, have it notarized and return it to me in the self-addressed stamped envelope. If you have any questions, please contact my office. If anyone inquires about the Legal Notice, please ask that that person send inquiries to PO Box 627, Jenkintown, PA 19046. Thank you in advance for your cooperation. Very tr yours, . TERN RFS/ cc: Carol L. Weitzel Esq. and Jonathan Charles Edmunds, Esq. Mitchell A. Kramer, Esq. IN THE COMMONWEALTH COURT OF PENNSYLVANIA Charles Muscarella, Executor of the Estate of Josephine Carbo, individually and on behalf of all others similarly situated, Petitioner v. No. 10 F.R. 2011 Commonwealth of Pennsylvania, Respondent: ORDER NOW, this 3rd day of April, 2012, following a hearing and pursuant to the parties' Stipulation as to Notice, it is hereby ORDERED that: 1. The form of notice, as set forth in Exhibit "A" attached hereto, is hereby approved. Correspondence addressed to Stern & Eisenberg, PC, Class Counsel, may be received in P.O. Box 627, Jenkintown, PA 19046, which will be accessible to attorneys of the law firms of Stern & Eisenberg, PC and Kramer & Kramer, LLP. 2. The form of notice in Exhibit "A" shall be sent by first class mail to the 2,455 claimants identified in answers to interrogatories whose claims were disallowed. The names and last known addresses of said claimants and their representatives shall be furnished to Petitioner by Respondent by June 29, 2012, and the notices sent by July 30, 2012. 3. The form of notice in Exhibit "A" shall be published one time only in the following newspapers prior to June 29, 2012: Allentown Morning Call, Altoona Mirror, Centre Daily Times, Erie Times-News, Harrisburg Patriot-News, Intelligencier Journal Lancaster-New Era, Johnstown Tribune-Democrat, Philadelphia Inquirer, Pittsburgh Post-Gazette, Scranton Times-Tribune, Williamsport Sun-Gazette, and York Dispatch. 4. Petitioner shall file with the Court proofs of publication. 5. Respondent shall cause the notice to be posted on the following website prior to May 1, 2012, which shall remain posted until October 31, 2012: httu://www.revenue.state.pa.us/portal/server.pt/communit~properYy tax rent rebate~ro~ram/1 1.410 6. Respondent shall cause the notice to be posted on the following website prior to May 1, 2012, which shall remain posted until October 31, 2012: httu://www. governorstate_pa.us/portal/seiver.pt?open=512&obi ID=3039&mode=2 7. Petitioner shall file with the Court an affidavit that the websites above listed were so posted. 8. The form of notice in Exhibit "A" shall be sent for posting to the Register of Wills for each county in the Commonwealth of Pennsylvania. The notice shall be posted in a prominent place in each Register of Wills Office, visible to the public, and left so posted for no less than two weeks. 9. Petitioner will file a report of all inquiries made concerning the Notice and the responses thereto. 10. Petitioner will file a report listing all persons who have elected to be excluded from the class. /~>._l ~~/ P. KEVIN BROBSON, Judge Certified frc:'. a :he Record APR 04 2012 And Order Exit LEGAL NOTICE IN THE COMMONWEALTH COURT OF PENNSYLVANIA Charles Muscarella, Executor of the Estate of Josephine Carbo, individually and on behalf of all others similarly situated, Petitioner v. No. 10 F.R. 2011 Commonwealth of Pennsylvania, Respondent IMPORTANT NOTICE TO REPRESENTATIVES AND HEIRS OF PEOPLE WHO: (1) DIED IN ANY OF THE YEARS 2004, 2005, 2006, 2007, 2008 AND 2009, (2) PAID THEIR REAL ESTATE TAXES IN THE YEAR THEY DIED, (3) FOR THE YEAR BEFORE THEY DIED, FILED VALID CLAIMS FOR REBATES OF THEIR PROPERTY TAXES UNDER THE SENIOR CITIZENS PROPERTY TAX AND REBATE ASSISTANCE ACT, ACT OF JUNE 27, 2006, P.L. 1873 (SPEC. SESS. NO. 1), 53 P.S. §§ 6926.1301-.1313 ("THE 2006 REBATE ACT") AND (4) WERE, BUT FOR THE FACT OF THEIR DEATHS, OTHERWISE ELIGIBLE FOR A REBATE IN THE YEAR THEY DIED. 1. Pursuant to the 1/11/12 order of the Honorable P. Kevin Brobson, Judge of the Commonwealth Court of Pennsylvania, you are advised of the existence of the above-entitled action. The procedural history of this case is set forth in the decision granting class action status, Muscarella v. Commonwealth, _ A.3d _, 2012 WL 163008 (Pa. Cmwlth.). 2. You may be entitled to all or part of the rebate allowed by law plus interest, if you represent a deceased person who meets the above criteria. Exhibit "A" Petitioner has asserted that regulations under the 2006 Rebate Act and the claim form used by the Commonwealth, improperly deny a rebate to certain decedents' estates. 3. The basis of the case is that members of the class, representing persons who received a rebate one year and died the next year having paid their real estate taxes, should have been allowed to claim and receive such rebates for the year of the decedent's death. No decision on the merits has yet been made. 4. The record of the case is available in the Office of the Chief Clerk, Commonwealth Court, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2100, Harrisburg, Pennsylvania 17106-1260. 5. If you wish to remain a member of the class, you need do nothing now. You will not be charged a legal fee or costs if there is no recovery in this case. 6. If you wish the estate to be excluded from the class, state that in writing and give the following: your full name, address, telephone number, email address (if applicable), the name of the decedent, date of death and decedent's address. Mail that writing with a copy of this notice, to Stern & Eisenberg, PC, Class Counsel, P.O. Box 627, Jenkintown, PA 19046, on or before October 31, 2012. If you do so, you will not be deemed a member of the class and you will not be bound by or receive any benefits, if any, from the action. You may retain an attorney of your choice to represent you at your expense. 7. If you do not elect to be excluded as aforesaid, you will be deemed a member of the class and be bound by any decision, favorable or unfavorable. Your interests will be represented by Petitioner, Charles Muscarella, Executor of the Estate of Josephine Carbo and by his class counsel: Mitchell A. Kramer of Kramer & Kramer, LLP and Richard F. Stern of Stern & Eisenberg, PC. 8. Any questions you have should be directed in writing to Stern & Eisenberg, PC, Class Counsel, P. O. Box 627, Jenkintown, PA 19046, and they will be answered by Stem & Eisenberg, PC. LEGAL NOTICE COMMONWEALTH COURT OF PENNSYLVANIA Charles Muscarella, Executor of the Estate of Josephine Cazbo, individually and on behalf of all others similarly situated, Petitioner v. : No. 10 F.R. 2011 Commonwealth of Pennsylvania, Respondent IMPORTANT NOTICE TO REPRESENTATIVES AND HEIRS OF PF,OPLE WHO: (1) DIED IN ANY OF THE YEARS 2004, 2005, 2006, 2007, 2008 and 2009, (2) PAID THEIR REAL ESTATE TAXES IN THE YEAR THEY DIED, (3) FOR THE YEAR BEFORE THEY DIED, FILED VALID CLAIMS FOR REBATES OF THEIR PROPERTY TAXES UNDER THE SENIOR CITIZENS PROPERTY TAX AND REBATE ASSISTANCE ACT, ACT OF JUNE 27, 2006, P.L. 1873 (SPEC. SESS. NO. 1), 53 P.S. §§ 6926.1301-.1313 ("THE 2006 REBATE ACT") AND (4) WERE, BUT FOR THE FACT OF THEIR DEATHS, OTHERWISE ELIGIBLE FOR A REBATE IN THE YEAR THEY DIED. 1. Pursuant to the 1/11/12 order of the Honorable P. Kevin Brobson, Judge of the Commonwealth Court of Pennsylvania, you aze advised of the existence of the above-entitled action. The procedural history of this case is set forth in the decision granting class action status, Muscarella v. Commonwealth, --- A.3d ----, 2012 WL 163008 (Pa.Cmwlth.) 2. You may be entitled to all or part of the rebate allowed by law plus interest, if you represent a deceased person who meets the above criteria. Petitioner has asserted that regulations under the 2006 Rebate Act and the claim form used by the Commonwealth, improperly deny a rebate to certain decedents' estates. 3. The basis of the case is that members of the class, representing persons who received a rebate one yeaz and died the next yeaz having paid their real estate taxes, should have been allowed to claim and receive such rebates for the yeaz of the decedent's death. No decision on the merits has yet been made. 4. The record of the case is available in the Office of the Prothonotary, Commonwealth Court, Pennsylvania Judicial Center 601 Commonwealth Ave., Suite 1500, Harrisburg, PA 17106-1260. 5. If you wish to remain a member. of the class, you need do nothing now. You will not be chazged a legal fee or costs if there is no recovery in this case. 6. If you wish the estate to be excluded from the class, state that in a writing and give the following: your full name, address, telephone number, email address (if applicable), the name of the decedent, date of death and decedent's address. Mail that writing with a copy of this notice, to Stern & Eisenberg, PC, Class Counsel, PO Box 627, Jenkintown, PA19046, on or before October 31, 2012. If you do so, you will not be deemed a member of the class and you will not be bound by or receive any benefits, if any, from the action. You may retain an attorney of your choice to represent you at your expense. 7 7. If you do not elect to be excluded as aforesaid, you will be deemed a member of the class and be bound by any decision, favorable or unfavorable. Your interests will be represented by Petitioner, Chazles Muscazella, Executor of the Estate of Josephine Cazbo and by his class counsel: Mitchell A. Kramer of Kramer & Kramer, LLP and Richazd F. Stern of Stern & Eisenberg, PC. 8. Any questions you have should be directed in writing to Stern & Eisenberg PC, PO Box 627, Jenkintown, PA 19046 and they will be answered by Stern & Eisenberg, PC. LEGAL NOTICE COMMONWEALTH COURT OF PENNSYLVANIA Charles Muscarella, Executor of . the Estate of Josephine Carbo, . individually and on behalf of all others similarly situated, Petitioner v. No. 10 F.R. 2011 Commonwealth of Pennsylvania, Respondent IMPORTANT NOTICE TO REPRESENTATIVES AND HEIRS OF PEOPLE WHO: (1) DIED IN ANY OF THE YEARS 2004, 2005, 2006, 2007, 2008 and 2009, (2) PAID THEIR REAL ESTATE TAXES IN THE YEAR THEY DIED, (3) FOR THE YEAR BEFORE THEY DIED, FILED VALID CLAIMS FOR REBATES OF THEIR PROPERTY TAXES IJNDER THE SENIOR CITIZENS PROPERTY TAX AND REBATE ASSISTANCE ACT, ACT OF JUNE 27, 2006, P.L. 1873 (SPEC. SESS. NO. 1), 53 P.S. §§ 6926.1301-.1313 ("THE 2006 REBATE ACT") AND (4) WERE, BUT FOR THE FACT OF THEIR DEATHS, OTHERWISE ELIGIBLE FOR A REBATE IN THE YEAR THEY DIED. 1. Pursuant to the 1/11/12 order of the Honorable P. Kevin Brobson, Judge of the Commonwealth Court of Pennsylvania, you are advised of the existence of the above-entitled action. The procedural history of this case is set forth in the decision granting class action status, Muscarella v. Commonwealth, --- A.3d ----, 2012 WL 163008 (Pa.Cinwlth.) 2. You may be entitled to all or part of the rebate allowed by law plus interest, if you represent a deceased person who meets the above criteria Petitioner has asserted that regulations under the 2006 Rebate Act and the claim form used by the Commonwealth, improperly deny a rebate to certain decedents' estates. 3. The basis of the case is that members of the class, representing persons who received a rebate one year and died the next yeaz having paid their real estate taxes, should have been allowed to claim and receive such rebates for the yeaz of the decedent's death. No decision on the merits has yet been made. 4. The record of the case is available in the Office of the Prothonotary, Commonwealth Court, Pennsylvania Judicial Center 601 Commonwealth Ave., Suite 1500, Harrisburg, PA 17106-1260. 5. If you wish to remain a member. of the class, you need do nothing now. You will not be chazged a legal fee or costs if there is no recovery in this case. 6. If you wish the estate to be excluded from the class, state that in a writing and give the following: your full name, address, telephone number, email address (if applicable), the name of the decedent, date of death and decedent's address. Mail that writing with a copy of this notice, to Stern & Eisenberg, PC, Class Counsel, PO Box 627, Jenkintown, PA1.9046, on or before October 31, 2012. If you do so, you will not be deemed a member of the class and you will not be bound by or receive any benefits, if any, from the action. You may retain an attorney of your choice to represent you at your expense. 7. If you do not elect to be excluded as aforesaid, you will be deemed a member of the class and be bound by any decision, favorable or unfavorable. Your interests will be represented by Petitioner, Charles Mssscarella, Executor of the Estate of Josephine Carbo and by his class counsel: Mitchell A. Kramer of Krasner & Kramer, LLP and Richard F. Stem of Stem & Eisenberg, PC. 8. Any questions you have should be dsrected in writing to Stem & Eisenberg PC, PO Box 627, Jenkintown, PA 19046 and they will be answered by Stem ~$ Eisenberg, PC.