HomeMy WebLinkAbout01-08-13IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVAI~I,Q r.=~~ =~~~~
ORPHANS' COURT DIVISION a t~~ ~j" ~~
No. 21-12-0670 r~ ~ ~ .__ r r ,:
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ESTATE OF HELEN R. MELL .. ~ ---°
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PETITION UNDER SECTION 3102 ~..~
OF THE PROBATE, ESTATES AND FIDUCIARIES
CODE FOR THE SETTLEMENT OF A SMALL ESTATE
TO THE HONORABLE JUDGES OF SAID COURT:
1. Judge Ebert previously ruled on a matter related to this case.
2. Your petitioner, Sheryl Mell is an adult individual who resides at 397
Petersburg Road, Carlisle, Pennsylvania 17015.
3. The petitioner is the granddaughter-in-law of the decedent, Helen R. Mell,
who died on March 18, 2012. Letters Testamentary were issued to the petitioner on
June 13, 2102 by the Register of Wills of Cumberland County and no bond was
required.
4. The decedent was born on October 14, 1912 and was 99 years old at the
time of her death.
5. The decedent was a resident of Forest Park Health Center, 700 Walnut
Bottom Road, Carlisle, Pennsylvania 17013 at the time of her death.
6. The decedent was not married at the time of her death and was preceded
in death by her husband, Russell Mell.
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7. The decedent's heirs as set forth in her Last Will and Testament, a true
and correct copy of which is attached hereto and incorporated as "Exhibit A", are
identified as follows:
A. Ray Mell, son, 1/3 residual heir.
B. Polly Thompson, daughter, 1/3 residual heir.
C. Sheri Mell-Motter, granddaughter, 1/6 residual heir.
D. Russell D. Mell, grandson, 1/6 residual heir.
E. Ron Mell, grandson, 1/6 residual heir.
8. The heirs addresses are as set forth in the attached proposed Order of
Court.
9. Prior to the decedent entering Forest Park Health Center, she resided in a
home she owned at 399 Petersburg Road, Carlisle, Pennsylvania.
10. Prior to the decedent's death, the Court authorized the sale of the
decedent's residence to her grandson, Ronald Mell, Jr., by Order of Court dated
January 18, 2012 in an action docketed to No. 21-11-1288 Cumberland County,
Pennsylvania. A copy of the Order is attached hereto as "Exhibit B."
11. The Court's approval of the sale came with the consent of the Department
of Public Welfare and with the consent of all the heirs listed in paragraph 4. above. The
Department of Public Welfare was providing Medicaid benefits to the decedent prior to
her death, for which there is a lien against the decedent's estate.
12. Section 3012 of the Probate, Estates and Fiduciary Code permits the
settlement of a small estate where the gross value of the estate, exclusive of real
estate, is $25,000.00 or less.
13. The decedent's estate is worth $1,615.58 exclusive of the real estate.
14. The decedent's assets at the time of her death were as follows:
A. Metro Bank checking account: $ 1,516.58
B. Real Estate: Amount due Installment Contract $30.183.48
TOTAL ASSETS $31,700.06
15. The decedent's estate is insolvent.
16. In the case of an insolvent estate, Section 3392 of the Probate, Estates
and Fiduciary Code directs the executor to first pay the administrative expenses, then
pay the family exemption (none claimed in this estate) and finally to pay for the
decedent's funeral and health care costs arising in the six months prior to death.
17. The decedent's administrative expenses are as follows:
A. Cumberland Law Journal $ 75.00
B. Sentinel $ 157.68
C. Probate fees: register of wills $ 97.50
D. Legal fees $1 ,585.00
TOTAL ADMINISTRATIVE EXPENSES: $1,915.18
18. The decedent's funeral expense and health care costs within the last six
months of her life are as follows:
A. Ewing Brothers Funeral Home
B. Commonwealth of PA, Dept Public Welfare
C. Forest Park Health Center
D. Graham Medical Clinic
$ 4,103.11
$28,018.09
$10,158.30
$ 64.22
TOTAL: $42,343.72
19. After the payment of administrative expenses, executor has $29,784.88
left to distribute to the creditors in the preceding paragraph of this petition. As such,
executor proposes to pay each creditor in the preceding paragraph 70.34% of the sum
due, namely:
A. Ewing Brothers Funeral Home $ 2,886.13
B. Commonwealth of PA, Dept Public Welfare $19,708.93
C. Forest Park Health Center $ 7,145.65
D. Graham Medical Clinic $ 44.17
TOTAL: $29,784.88
20. The Petitioner has filed a Pennsylvania Inheritance Tax Return which
indicates that no inheritance tax is due.
21. Each heir and claimant was sent a copy of this Petition and a request was
made to each to sign a Consent to the Petition.
22. Consents of all heirs and all claimants are attached hereto.
WHEREFORE, your Petitioner prays that an Order authorizing payment of the
administrative expenses from the decedent's assets and the payment of 70.34% of
each claim under Section 3392(3) of the Probate, Estates and Fiduciary Code.
BARK SCHERER LLC
n/I
Mi~h'ael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Petitioner
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
heryl Mell
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Date: '
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HELEN R. MELL
I, HELEN R. MELL, of Cumberland County, Pennsylvania, being of sound mind,
memory and understanding, do hereby make, publish and deolare this as and for my
Last Will and Testament, hereby revoking all other wills and codicils heretofore made
by me.
ITEM ONE: I direct the payment of my debts and the expenses of my last
illness and funeral from my estate as soon after my death as conveniently may be
done. If there be no cemetery lot available for my interment, owned by me at the time
~.., of m death, I authorize my personal representative to purchase such cemetery lot with
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a contract for perpetual care, using therefore funds from my estate, and I authorize my
onal re resentative to cause title to or ownership of such lot so purchased to be
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vested in such person as my personal representative shall designate.
Further, in this connection, i authdrize my persona! representati~!e to expend
funds from my estate, in such amount as my personal representative shall consider
necessary and desirable, for the purchase, erection and inscription of a suitable marker
for my grave.
"EXHIBIT A"
ITEM TWO: I give, devise and bequeath the rest, residue and remainder of my
estate of whatever nature and wherever situate as follows, per stirpes:
1. One-third to my son, RAY MELL;
2. One-third to my daughter, POLLY THOMPSON;
3. One-third equally to each of my grandchildren, RONALD E. MELL, JR.,
SHERI L. MELL-MOTTER and RUSSELL D. MELL.
LTE!•J! THREE: I direct that no executrix or other fiduciary named, nominated,
or appointed by this my Last Will and Testament shall be required to post any bond or
ive any security of any type for any purpose whatsoever, any law or rule of the Court of
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the Commonwealth of Pennsylvania or any other jurisdiction to the contrary
notwithstanding. I direct that the law of the Commonwealth of Pennsylvania shall apply
to any interpretation or application of the validity of this instrument.
ITEM FOUR: Any and all payment or payments of any sum or sums,
whether in cash or in kind and whether for principal or income, payable to an heir, or
any of them, shall be made upon the sole receipt of the respective individual to whom
the- payment is made, and free from anticipation, alienation, assignment, attachment,
and pledge, and free from control by the creditors of any such beneficiary.
ITEM FIVE: I confer upon my executrix the right to sell or otherwise convert
any real or personal property at public or private sale, at such time or times, in such
manner, and for such price or prices, and on such terms and conditions as my executrix
shall determine, and to execute and deliver good and sufficient conveyances,
assi nments and transfers of the property, without liability of any purchaser for the
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a lication of any consideration; to borrow money and to secure its payment by
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mortgage of real or personal property, pledge of investments, or otherwise, without
liability on the part of the lenders to see to the application thereof; to retain any
investments at discretion; to invest and reinvest at discretion, without restriction to so-
called "legal investments;" to make distribution in cash or in kind; to allocate and
distribute different kinds or disproportionate shares of property or undivided interests in
ro ert among beneficiaries, in case or in kind, or partly in each; and to do all other
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thin necessary or appropriate in the management, administration and
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distribution of my estate.
ITEM SIX: I appoint my granddaughter-in-law, SHERYL MELL, executrix of
this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of four (4) typewritten pages, the first two (2) of which
the mar in for the purpose of identification, this '`~ day of
bear my signature in g
`,~ L~~,r~"? ~ , 2007 .
f r ' , ~~ ;,~i ; (SEAL
Helen R. Mell 1
mortgage of real or personal property, pledge of investments, or otherwise, without
liability on the part of the lenders to see to the application thereof; to retain any
investments at discretion; to invest and reinvest at discretion, without restriction to so-
called "legal investments;" to make distribution in cash or in kind; to allocate and
distribute different kinds or disproportionate shares of property or undivided interests in
ro ert among beneficiaries, in case or in kind, or partly in each; and to do all other
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thin s necessary or appropriate in the management, administration and
acts and g
distribution of my estate.
ITEM SIX: I appoint my granddaughter-in-law, SHERYL MELL, executrix of
this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of four (4) typewritten pages, the first two (2) of which
re in the mar in for the purpose of identification, this '`~ day of
bear my signatu 9
`,~ C=~,,~? ~ , 2007 .
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Helen R. Mell I
Signed, sealed, published and declared by the above named Testatrix, Helen R.
Mell, as and for her Last Will and Testament, in the presence of us, who, at her
request, in her sight and presence, and in the sight and presence of each other, have
hereunto subscribed our names as witnesses.
CRESS ~ ~ ~- ~: -
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DRESS 7~
COMMONWEALTH OF PENNSYLVANIA SS.
COUNTY OF CUMBERLAND
'~ ~~'l~t~~r' and ~z~~~~-~ ~~-'~'~~~5~"~ the testatrix
We, Helen R. Mell, t~`l -~r1cL~l r - ~~- J
and the witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that
the testatrix signed and executed the instrument of her Last Will and Testament, and
that she signed willingly and that she executed as her free and voluntary act for the
ur oses therein expressed, and that each of the witnesses, in the presence and
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hearing of the testatrix, signed the Will as witnesses, and that to the best of their
knowled e, the testatrix was at the time eighteen (18) years of age or older, of sound
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mind and under no constraint or undue influence.
2007.
Sworn to and subscribed before me this ~ ~_ day of ~ ~-~-i'~~~ -~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amanda L. Fisher, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Apr. 17, 2010
Member, Pennsylvania Association of Notaries
IN RE: IN THE COURT OF COMMON PLEAS OF
HELEN MELL CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-11-1288
DECLARATORY JUDGMENT ACTION
ORDER OF COURT
AND NOW, this Bg~day of 2012, upon consideration of the
within Petition, it is hereby ordered and decreed that Sheryl Mell is hereby authorized,
pursuant to the Power of Attorney dated March 7, 2003, to execute an Installment Sales
Agreement as Agent for Helen Mell, to sell 399 Petersburg Road, Carlisle,
Pennsylvania to Ronald Mell, Jr. for the sum of $30,000.00.
The hearing scheduled in this matter for Monday, February 6, 2012 is hereby
canceled.
BY THE COURT,
. L. Ebert, Jr., J.
Michael A. Scherer, Esquire
19 West South Street
Carlisle, Pennsylvania17013
Russ Mell
328 West Old York Road
Carlisle, Pennsylvania 17015
Sheri Mell-Motter
251 Clay Road
Carlisle, Pennsylvania 17015
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Ray Mell -~:, _ _ _
3119 Ritner Highway _
NewvillQ, Pennsylvania 17241 ~ :-~,
Polly Thompson _ -~
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505 Adams Road ~"
Carlisle, Pennsylvania 17015
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"EXHIBIT B"
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
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Date: ~ l
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
Date: ~~~. / ~ ~~ ~ ~
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Signature
Print Name: ~ f!
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
Date: ~ J- ~-~~~~
Print Name: ~- ~ ~ 1
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
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Signature
Date: ~~~- ~--1- l ~ ~ _
Print Name: ~C {~ ~ ~ ~~ ~~ ~~~~
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
Date: 1 -~-C.~. ~ ~~~.,
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Signature
Print Name: ~ ~~~ ~ ~~ ~ ~ ~ - ~ ~ ~ 0. i 1~~_,
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CnNSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
Ewing Brothers Funeral Home
Signature
Date: ~/ / "7 ~C~r ~ _ _ ._ _
Print Name: ~ ~~~~ ~ ~ ~J ti
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
vraham Medical Clinic
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P,~~,Name ~~~~c~ lnes~~~~-
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
Settle Small Estate.
Department of Public Welfare
Date: ~ ~ L' ~
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Signature
Print Name: ~ ~~
COURT OF COMMON PLEAS
OF CUM6ERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-12-0670
ESTATE OF HELEN R. MELL
CONSENT
I hereby consent to the distribution of this estate as set forth in the Petition to
fettle S~~all cstatE.
Forest Park Health Center
Signatur
Date: ~a
Print Name: ~ ~-
CERTIFICATE OF SERVICE
I hereby certify that on the 8th day of January, 2013, I, Jennifer S. Lindsay,
secretary at Baric Scherer LLC, did serve a copy of the Petition under Section 3102 of
the Probate, Estates and Fiduciaries Code for the Settlement of a Small Estate, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Ewing Brothers Funeral Home
630 South Hanover Street
Carlisle, Pennsylvania 17013
Forest Park Nursing Home
700 Walnut Bottom Road
Carlisle, Pennsylvania 17013
Ray Mell
3119 Ritner Highway
Newville, Pennsylvania 17241
Polly Thompson
505 Adams Road
Carlisle, Pennsylvania 17015
Ron Mell
397 Petersburg Road
Carlisle, Pennsylvania 17013
Graham Medical Clinic
100 South High Street
Newville, Pennsylvania 17241
Commonwealth of Pennsylvania
Department of Public Welfare
P.O. Box 8486
Harrisburg, Pennsylvania 17105
Russ Mell
328 West Old York Road
Carlisle, Pennsylvania 17015
Sheri Mell-Motter
251 Clay Road
Carlisle, Pennsylvania 17015