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Home My WebLink About04-17-13 RF- - 1 57 Elyse E.Rogers, Esquire P Identification No. 41274 Todd F.Truntss, Esquire C Identification No. 83302 Saidis, Sullivan &Rogers 635 N. 12`h Street, Suite 400 Lemoyne, Pa, 77043 (717)-612-5800 IN RE: IN THE COURT OF COMMON PLEAS GENEVA C. MAGONEL, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 2012-00420 ORPHAN'S COURT DIVISION PETITION TO MAKE CITATION ABSOLUTE AND NOW comes :Margaret R. Malehorn, as residuary beneficiary of the Estate of Geneva C. Magonel, deceased (herein the "Petitioner"), by and through her attorneys, the law firm of Saidis, Sullivan and Rogers, and respectfully Petitions this Honorable Court to make Absolute the Citation that was issued in the above- captioned matter on March 21, 2013, and in support thereof, avers the following: 1. Petitioner filed a Petition by Executor for Leave to Purchase Real Property Pursuant to 20 Pa.C.S.A. § 3356 on March 19, 2013 (hereafter the "Petition"). 1 L � 2. On March 21, 2013, this Court issued a Citation on all interested parties to show cause why the relief requested in the Petition should not be granted, said Citation being returnable within thirty (30) days from the date of service thereof. 3. Since this Court's issuance of the Citation, the following interested parties have now consented to and joined in the Petition as set forth below: a.. Hill United Methodist Church by its duly executed Consent and Joinder, which is attached hereto as Exhibit "A"; b. Bethany United Methodist Church by its duly executed Consent and Joinder, which is attached hereto as Exhibit "B"; C. Marysville Church of God by its duly executed Consent and Joinder, which is attached hereto as Exhibit "C"; and d. Community United Methodist Church by its duly executed Consent and Joinder, which is attached hereto as Exhibit "D." 4. In addition, the remaining interested party, the New Cumberland Public Library, being a part of the Borough of New Cumberland, has indicated that it has no objection to the :Petition, nor to the relief requested therein. A letter from the Solicitor of the Borough of New Cumberland, along with a true and correct; copy of a letter from the Council of the Borough of New Cumberland indicating no objection to the Petition are collectively attached hereto as Exhibit "E." 5. Notice of this Petition has been provided to the Attorney General of the Commonwealth of Pennsylvania by letter dated December 18, 2012, in accordance 2 with Pennsylvania Orphans' Court Rule 5.5, a true and correct copy of which, along with certification of receipt thereof, is attached hereto as Exhibit "F." WHEREFORE, Petitioner Margaret R. Malehorn respectfully requests that this Court make its Citation issued March 21, 2013 Absolute, and grant the Petition by Executor for Leave to Purchase Real Property Pursuant to 20 Pa.C.S.A. 3356. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: April 1672013 BY: \ __ Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, PA 17043 (717)-612-5800 Attorneys for Petitioner 3 IN RE: IN THE COURT OF COMMON PLEAS GENEVA C. MAGONEL, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 2012-00420 ORPHAN'S COURT DIVISION CONSENT AND JOINDER THE UNDERSIGNED, C 4A P-M F—T U J 0TL:y— —, an officer of Hill United Methodist Church, being duly authorized and on behalf thereof, hereby consents to and joins in the Petition for Leave to Purchase Real Property Pursuant to 20 Pa. C.S.A. § 3356 in the matter caption above, a true and correct copy having been previously provided. HILL UNITED METHODIST CHURCH BY: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the day of � 2013, before me, the undersigned officer, personally appeared —( LJ f a duly appointed officer of Hill United Methodist Church, and as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of Hill United Methodist Church as such officer. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. Not ry Public Seal: COMMONWEALTH OF PENNSYLVANIA ----- N0TAMpj,.S-E-AL L CYNTHIA J RULE,Notary Public and County u , �.,g m Borough of Lemoyne,Cumberland county ary My commission Expires February 3,2016 IN RE: IN THE COURT OF COMMON PLEAS GENEVA C. MAGONEL, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 2012-00420 ORPHAN'S COURT DIVISION CONSENT AND JOINDER THE UNDERSIGNED, DIA i lai al , Askeej eld-fA an officer of Bethany United Methodist Church, being duly authorized and on behalf thereof, hereby consents to and joins in the Petition for Leave to Purchase Real Property Pursuant to 20 Pa. C.S.A. § 3356 in the matter caption above, a true and correct copy having been previously provided. BETHANY UNITED METHODIST CHURCH BY: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF 6 ;,7 I On this, the 5A — day of 2013, before me, the undersigned officer, personally appeared Da lla-f N. AAm1e1Wet , a duly appointed. officer of Bethany United Methodist Church, and as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of Bethany United Methodist Church as such officer. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. a Notarjublic NOTARIAL SEAL Seal: STACEY A LIDDICK Notary Public SUSQUEHANNA TWP.DAUPHIN COUNTY My Commission Expires Jon 24,2016 14',N! AA14AH3UOt!V2 ' IN RE: IN THE COURT OF COMMON PLEAS GENEVA C. MAGONEL, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 2012-00420 ORPHAN'S COURT DIVISION CONSENT AND JOINDER THE UNDERSIGNED, r"�. �i �� an officer of Marysville Church of God, being duly authorized and on behalf thereof, hereby consents to and joins in the Petition for Leave to Purchase Real Property Pursuant to 20 Pa. C.S.A. § 3356 in. the matter caption above, a true and correct copy having been previously provided. MARYSVILLE CHURCH OF GOD v , BY: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF (�- On this, the — day of – , 2013, before me, the undersigned. officer, personally appeared �rC e s► , a duly appointed officer of Marysville Church of God, an as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of Marysville Church of God as such officer. IN WETNESS WHEREOF, I have hereunder set my hand and official seal. G Notary Public COMMONWEALTH OF PENNSYLVANIA Notarlal Seal Seal: Adam Bradley Smith,Notary Public Fairview Twp.,York County My Commission Expires July 3,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES IN RE: IN THE COURT OF COMMON PLEAS GENEVA C. MAGONEL, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 2012-00420 ORPHAN'S COURT DIVISION CONSENT AND JOINDER THE UNDERSIGNED, _<,Aa Z,,-v E Jlfa�S77J ; =T4. an officer of Community United Methodist Church, being duly authorized and on behalf thereof, hereby consents to and joins in the Petition for Leave to Purchase Real Property Pursuant to 20 Pa. C.S.A. § 3356 in the matter caption above, a true and correct copy having been previously provided. COMMUNITY UNITED METHODIST CHURCH BY: COMMONWEALTH OF PENNSYLVANIA ,/ : SS. COUNTY OF j & r k On this, the g ��' day of Apr, , 2013, before me, the undersigned officer, personally appeared i tc) j c tc,f?. , a duly appointed officer of Community United Methodist Church, and as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of Community United Methodist Church as such officer. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. Notary Public OOMMONWEALTM OF PENNSYLVANIA Seal: Notarial Seat Martha L.Clark,Notary Public City of York,York County My COMMWSIM Ex Tres Sept 11,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Hh:IIll 717-697-7050 Attorney at Law 717-697-7065 (fax) 127 S. Market Street andrewcsheely @verizon.net P.O. Box 95 Mechanicsburg, PA 17055 March 27, 2013 Todd F. Truntz, Esquire Saidis Sullivan & Rogers, P.C. 635 North 12'x' Street, Suite 400 Lemoyne, PA 17043 In Re: Estate of Geneva C. Magonel 21-12-420 Dear Attorney Truntz: Please be advised that the New Cumberland Public Library/Borough of New Cumberland have no objection to the requested relief in the Petition for Leave to Purchase Real Property. Also, enclosed please find a copy of a letter dated March 26, 2013 from the Borough of New Cumberland confirming the position of the Library and Borough to the Petition and relief requested therein. In the event all respondents consent to the relief requested, you may indicate the position of the Borough of New Cumberland/New Cumberland Public Library to the Court in subsequent motion/filing to expedite resolution of these matters. Should you have any other questions, please call. Very y your 9- er A dr w C. SheeBorough of New d ACS/bmk Enclosure c: Stephen C. Sultzaberger, Borough Manager 03126/2013 12:2S' 7177748163 NEW CUMBERLAND BORO PAGE 02/02 "M111%Ar ,. Baroug� of Nra ti 1 1;Z0 MARKET STREET PO- sox 220 NF w CUMBERLAND, PA 17070 aHONEL 774-0404 FAX-774-816:B March 26, 2013 Andrew C. Sheely,901icitor Borough of New Cumberland 127 S. Market Street P.O. Box. 95 Mechanicsbirg, PA 17055 RE;: Estate of Geneva C. magonel petition for Leave to Purchase Real Property COURT OF COMMON PLEAS NINTH JUDICIAL DISTRICT ORPHANS' COURT DYvISZON 21-12-420 The New Cumberland Public Library/Borough of New Cumberland, has objection to for Leave to Purchase R. malehorn as regards Property regards submi the estate of Geneva G. Magonel. Please advise the office of Thomas A. Plaeey C.P.J. of the RICT, ORPHANS' COURT OF COMMON PLEAS OF THE NINru JUDICIAL ofSSAIDIS SULLIVAN COURT DIVISION and Mr. Todd F. Tntz,Esq. , & ROGERS,P.C. , accordingly. Si. erely, n R. M y C ncil res nt 8a ou of N Cu erland cc: Library Board Borough Council Mayor Stephen C. Sultzaberger, Borough Manager Law Offices of SAIDIS, SULLIVAN & ROGERS A PROFESSIONAL CORPORATION 635 NORTH 12TH STREET,.SUITE 400 LEMOYNE,PENNSYLVANIA 17043 ROBERT C.SAIDIS TELEPHONE: (717)612-5800-FACSIMILE: (717)612-5805 CARLISLE OFFICE: 261^EST HIGH STREET DANIEL L.SULLIVAN EMAIL: attorney@ssr-attorneys.com ROGER S CARLISLE,PA 17013 ELYSE E. JOHN A. ROGEREL www.ssi-attorneys.coni TELEPHONE:(717)243-6222 DEAN E.REYNOSA F1ICSIMILE: (717)243-6486 TODD R TRUNTZ Of cowlsel MARYLOU MAIAS IOHN E.SLIKE SEAN M.SHULTZ STEPHEN L.GROSS ROBERT B.HAMILTON HANNAH WHITE-GIBSON REPLY 7'O LEMOYNE December 18. 2012 VIA CERTIFIED U.S. MAIL NO. 7011 2000 0002 1074 1112 Office of the Attorney General Charitable Trusts and Organizations Section 14th Floor, Strawberry Square Harrisburg, PA 17120 Re: Estate of Geneva C. Magonel Cumberland County No. 2012-00420 Dear Charitable Trusts and Organizations Section: This is to provide notice, in accordance with Pa.O.C.R. 5.5, of the Petition for Leave to Purchase Real Property Pursuant to 20 Pa.C.S.A. § 3356 in the estate captioned above. A true and correct copy of the Petition is enclosed. The affected charities being listed in Paragraph 5 of the Petition with address information found in the Certificate of Service on Page 6, are each ten (10`%) percent residuary beneficiaries in accordance with Item VI of Mrs. Magonel's Last )1Vi11 and Testament. A copy of Mrs. Magonel's Will is attached to the Petition at Exhibit "A." Each of the charitable beneficiaries received an interim distribution in the amount of ,$255,000 on or about September 26, 2012. In addition, the charities each received distributions of proceeds from non-probate annuities designated by Mrs. Magonel. Upon final distribution of the Estate, it is expected that, each of the charities will receive an additional distribution of approximately $170,000, for a net probate distribution of approximately $425,000 per charity-. Finally, it should be noted that DVi.nebrenner Theological Seminary was distributed its cash gift of $20,000 pursuant to Item V, on or about May 15, 2012. Petitioner, Margaret R. Malehorn, is a fifty (50%) percent residuary beneficiary of Mrs. Magonel's Estate. Her share of the remaining undistributed Office of the Attorney General Charitable Trusts and Organizations Section December 18, 2012 Page 2 residue is more than adequate to cover the purchase price of the Property that is subject of the Petition. There are no unresolved claims or material questions of interpretation or distribution likely to be submitted for adjudication that may affect the value of the charitable interests. We are hopeful that you will find the Petition acceptable and that the Charitable Trusts and Organizations Section will issue a "no objection's letter. I invite you to contact me at any time if you have objections, questions. or concerns. Thank you very much for your assistance. Sincerely, SAIDIS, SULLIVAN & ROGERS, P.C. BY: Todd F. Truntz Enclosures cc: Elyse E. Rogers, Esquire Margaret R. Malehorn • . (Domestic CERTIFIED MAILT. RECEIPT a __ 144, t ? i HILL POST OFFICE CAMP HILL, Pennsylvania r �, ti170119998 o Postage � 41.34870011 -0096 Certified Fee �! - po�sttnark 12/18/20.2 (717)737-1461 04:08:12 PM EZ) Retum Receipt Fee j - - { ere 0 (Endorsement Required) I' f? Sales Receipt CD U' _�' ' Product Sale Unit Final Restricted Delivery Fee I Descr i pt i on Qty Price Price O (Endorsement Required) _ rota!Postage&Fees ; $ HARRISBURG PA 1.7120 $2.70 ru — 2one-1 First-Class senr7 Large Env r �C�' `-=� ----, 9.70 oz. t------------ -------- Expected Delivery: Wed 12/19/12 O Street,Apt.NO., �,,,/ 1 or PO Box No. 1 H` (,(��!C!1_ ------ - Return Rcpt (Green Card) $2.35 ......t � � Certified $2.95 I City;Stare,<'lP+4 _ f ,`/1 /� Label #: 70112000000210741112 r(• Customer Postage -$8.00 Subtotal : $0.00 Total : $0.00 -0 N 0Dov�n Paid by: � , O zY:Y(xY(Y(xYC Y('KYCY:YCY(Y;>rY<7CY(Y:Y(Y(Y(r<Y(Y(Y:Y(*Y(Y(XY(1C Y(:CYCx 7C o o m 5 Y(Y:YCY(Y:7C>r:C 7t Y(xY(Y:'XY' Y:Y:Yt%Y(Y(Y:YC y<7t Y(Y(x Y(1C Y(1CxYr rc Y:Y(*Y: w ° 0 ID Z -� d r a m mil~c a m BRIGHTEN SOMEONE'S MAILBOX. Greeting cards °j° 3 Cr I; m � m m. available for purchase at select Post y m Q �� (Ni 0 0 0 W V) p Offices. CD N =;;;:p_O � _O«m Y(Y:Y(7C)tY(Y;Y(Y(Y(Y:Y(Y;Y(Y: Y:xY(Y(;CY(1t7(iC:exx>r7KY(Y(Y(7t;C>rY(Y(YCY( 6 n ` 1" o in 0�W.�. a ° (_ a ir n W w (D CD wma�a o w -<, m W W Order stamps at usps.com/shop or call ° fi -`` o a En y.D 1-800-Stamp24. Go to usps.com/ciicknship v, o o.F to print snipping labels with postage. For m N T. other information call 1-800-ASK-USPS. Ci7T� O W (p O • Y(:r YC Y(Y:Y:xYC Y(>rY(Y(Y(Y(Y'Y(Y(X'>rY( y;XY(Y:7r Yf 7:Y(Y(Y(Yl1C*Y(Y(:C Y:7t Y( Al C Q• o CD. m m Get your mail when and where you want it CD ru cS� m m m with a secure Post Office Box. Sign up for o a box online at: usps.com/poboxes. C OA W P W X • o w �M - c a C Bill#: 1000403982522 70 Q R - 0 Clerk: 20 v S. 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Rl � �, ,: .�, ■ X Y(Y(Y(7t Y(YC Y(Y(Y(%Y(Y(Y(Y'�C Y(%Y()r Y(:t:C 7C Y(:t 7C'K'X Y(Y(:t X':C%Y(Y(Y(:C Y( HELP US SERVE YOU BETTER �c Go to: https://postalexpei-ience.com/Pos El 0, C 13 E3 o ,NO a TELL lIS ABOUT YOUR RECENT POSTAL EXPERIENCE 0 W r?� YOUR OPINION COJNTS CD --_ •.- Y:Y[7C'X Y(Y(Y(Y(Y(Y(7C Y(Y(X Y'Y(Yf Y:;C Y(Y(Y(Y(Y(X Y(Y(Y;Y(l(Y(lC Y(YC X)t Y(Y(Y(Y; Y(Y(Y(:CY[Y(Y(Y'Y(YtY(:CY(Y(Y'Y(XY(Y(XY[>rxY(xY(1C Y(��Y(Y(YC Y:Y:7C Y(Y(:t Yc Customer Copy CERTIFICATE OF SERVICE I,Todd F.Truntz, Esquire, an employee of Saidis, Sullivan&Rogers, PC, hereby certify that I this day served a copy of the foregoing PETITION TO MAKE CITATION ABSOLUTE upon the person(s) indicated below by First Class U.S. Mail, postage prepaid at Camp Hill, Pennsylvania, and addressed as follows: Marysville Church of God Bethany United Methodist Church 106 Maple Avenue 400 Lansvale Street Marysville, PA 17053 Marysville, PA 17053 Community United Methodist Church Hill United Methodist Church 16th and Bridge Streets c/o Charnette Wilt New Cumberland, PA 17070 220 Notch Road Duncannon, PA 17020 The New Cumberland Public Library Heather Vance-Rittman c/o Andrew C. Sheely, Esquire Senior Deputy Attorney General 127 South Market Street Office of the Attorney General P.O. Box 95 Charitable Trusts and Mechanicsburg, PA 17055 Organizations Section 14th Floor, Strawberry Square Harrisburg, PA 17120 SAIDIS, SULLIVAN & ROGERS April 16, 2013 BY: Todd F. Trunt , Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, Pa, 17043 (717)-612-5800 Attorneys for Petitioner 4