Loading...
HomeMy WebLinkAbout06-01-12 ,~~,;~ ~' -, °ei ~ ~. ~ c; ~ ~r~ c~` ~, _ ~ i ~ ~' % :~ -v ,-~ -... , ~-- :_: . _.__ r ..n ---{ .. _ ~~ p ~„ r+J -rz IN RE: j ESTATE OF DANIEL R. COLDREN, '~ Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION FILE NO: 21 - 11 - 1043 MOTION TO MAKE ORDER FINAL AND NOW comes Rebecca E. Sherman, Executrix of the Estate of Daniel R. Coldren, deceased, by her attorney, Samuel L. Andes, and moves the court to enter a final order regarding the real estate owned by the decedent at the time of his death, based upon the following: 1. The Petitioner herein is Rebecca E. Sherman, the Executrix of the above Estate. 2. On 21 February 2012, the Executrix filed a Petition for Authorization to Distribute I Real Estate in Accordance with Will. 3. In response to the Petition, this court entered an Order on 21 February 2012 directing the issuance of a Citation and publication of the Citation to make service on any interested persons. 4. The Executrix has complied with this Court's Order and published notice of that order in the Cumberland County Law Journal and the Carlisle Sentinel newspaper for three consecutive weeks. The publications were completed on 6 April 2012. Attached to this Petition are copies of the proof of service issued by the Cumberland County Law Journal and the proof of service issued by the Carlisle Sentinel. 5. Despite the passage of six weeks, no person has contacted the Executrix, her counsel, or the Register of Wills in response to the publication of the notice. 6. No party has advanced a claim to any interest in the real estate or the trust which the decedent created and then dissolved during his lifetime. To the knowledge of the Executrix and her counsel, no person has or claims an interest in the residence at 536 West Cumberland Road in East Pennsboro Township, Cumberland County, Pennsylvania, which is the subject of the Petition filed by the Executrix. 7. The Executrix needs to have this matter resolved so she can distribute the said real estate in accordance with the terms of the decedent's Will. 8. The prior order in this matter was entered by the Honorable M.L. Ebert, Jr., Judge. WHEREFORE, the Executrix, by her attorney, moves this court to enter the order which is attached to this Motion. -.~ -~~ t r z~ Samuel L. Andes Attorney for Petitioner Supreme Court ID 17225 525 North 12`" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND 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, viz: March 23. March 30. and April 6. 2012 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. ~ - ~ Iyi'sa arie oyne, Ed' or SWORN( TO AND SUBSCRIBED before me this 6 of April, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUb1BERL;~ND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE TO: All persons having an interest in any Trust created by Daniel R. Coldren during his lifetime GREETINGS: You are hereby cited to show cause, if any they have, why the Executrix shall not be authorized to convey the real estate owned by the Decedent at the time of his death to Chester Cohick and to take such other actions as the Executrix deems necessary as if the Intervivos Trust apparently created by the Decedent during his lifetime was revoked some- time prior to 2007. Issued under my hand and seal of my office at Carlisle, Pennsylvania, on this 28th day of February, 2012. /s/ Glenda Farner Strasbaugh Clerk of Orphans' Court Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Mar. 23, 30; Apr. 6 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, 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 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): March 20, 27 & Apri13, 2012 COPY OF NOTICE OF PUBLICATION NOTICE TO: All persons having an interest in any Trust created by DANIEL R. COLDREN during his lifetime. GREETINGS: You are hereby cited to show cause, if any }hey have, why he Executrix shall not be authorized to convey the real estate owned by the Decedent at the time of his death to Chester Cohick and to take such other actions as the Executrix deems necessary as if the Intervivos Trust apparently created by the Decedent during his lifetime was revoked sometime prior to 2007. Issued under my hand and seal of my office at Carlisle, Pennsylvania, on the 28th day of February, 2012. Glenda Farner Strasbaugh Clerk of Orphans' Court Cumberland County Court House 1 Courthouse Square 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 e rue. ,) ~~ ~ ~ 1 SwNNo{{rn to and subscribed befor,,\\e m7e this ' I~~ U Z t~_ Notary Public My commission expires: NGT,4RIF~,L SEP,L E3A1~a1 ANN NEC°ENDGRN No?ary Public CARLISLE BORQUGIi, CUty1GERLAPJD CNTY i~hy Commission Expires Jan 27, 2014