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HomeMy WebLinkAbout08-14-13 -_� �. :�::� IN THE COURT OF COMMON PLEAS c� � ; -� r�-s �N c-a OF CUMBERLAND COUNTY,PENNSYLVANI �' - _ �-:� .� ; , ORPHANS' COURT DIVISION m ��' �; �-= " � -::._ ��, ; r �✓ _..._ „ - NO. 21-12-1166 � 4+? ; <:� • `.�., C.'� '� .__ ESTATE OF DALE W. MENTZER �; ^_.:. . ; � ,., . � � � �_� +:,. "� MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Bonnie R. Wilt, by and through her attorneys, Baric Scherer LLC, and files the within Motion to Make Rule Absolute and, in support thereof, sets forth the following: 1. Petitioner filed a Petition Under Section 3102 Of the Probate, Estates and Fiduciaries Code For The Settlement Of A Small Estate on June 20, 2013, a true and correct copy of said Petition is attached hereto as Exhibit"A" and is incorporated. 2. By Order dated June 26, 2013, any interested parties were to show cause why the relief requested should not be granted. A true and correct copy of the Rule is attached hereto as Exhibit"B" and is incorporated. 3. Service of the Petition was made upon all interested parties by U.S. First Class Mail on July 2, 2013. True and correct copies of said correspondence is attached hereto as Exhibit"C" and are incorporated. 4. To August 1, 2013 no response has been filed by any interested party. WHEREFORE, Petitioner requests that the Court permits, Bonnie R. Wilt, Executrix of the Estate of Dale W. Mentzer to distribute the decedent's estate as show in the Petition. Respectfully submitted, RIC SCHERER LL � � i David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 a IN THE COURT OF CfJN[MtJ1�T PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORP�IANS' C4URT DFVTSIUN NU.21-12-11bb ESTATE OF DALE W.I��ENTZER PRELINIINARY DECREE AND NOW,upon consideration of the Petition Under Section 3102 Clf The Prabate, Esta#es And Fiduciaries Code For The Settlement Of A Small Estate is to be issued to any parties in interest,ta show cause, if any there be,why Bonnie R. Wiit shoutd not be permitted ta make distributions as set forth in the attached Petition. This Citatian shall be returnable ,the,_day nf ,2013, - at a.m/p.m. in Courtraom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. CLERK C}F ORPH[��NS' +CflLTRT EXHIBIT "A" P IN THE COURT OF COMMON PLEAS QF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-12-1166 ESTATE OF DALE W. MENTZER CITATION AND NOW, this day of , 2013, upon consideration of the within Petition, it is hereby ordered and decreed that a citation is awarded, directed to any parties in interest to appear and show cause, if any there be, why Bonnie R. Wilt, Executrix of the Estate of Dale W. Mentzer should not be permitted to make the distributions requested in the Petition To Settle Small Estate. CITATION returnable the day of , 2013, at a.m./p.m. prevailing time in the Orphans' Court Division, Court Room , Cumberland County Courthouse, Carlisle, Pennsylvania. CLERK OF QRPHANS' COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-12-1166 ESTATE OF DALE W. MENTZER ORDER AND NOW, this day of , 2013,upon consideration of the attached Petition, the Court authorizes the Executrix, Bonnie R. Wilt,to make distribution of the estate as set forth in the Petition. The administrative costs and debts of decedent shall be paid in full, and the balance of the estate shall be paid to the Executrix, Bonnie R. Wilt. BY THE COURT, J. David A. Bazic, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Bonnie R. Wilt One Graham Road Nevwille, Pennsylvania 17241 � � �' � W rf't �„� IN THE COURT OF COMMON PLEAS �:� � � a OF CUMBERLAND COiJNTY,PENNSYLVANIA rn z ,�, z `_�a �c ORPHANS' COURT I)IVISION F.�'.. � � o `;; t: � v, � C, c' NO. 21-12-1166 �' �` � v �, Q � � -�� c, o -,; �e:: ca c c..� �.- �n ESTATE OF DALE W. MENTZER ;,o -�-� ��� � � m � 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. Your Petitioner, Bonnie R. Wilt, who resides at One Graham Road,Newville, Cumberland County, Pennsylvania. The Petitioner is the daughter of the decedent, Dale W. Mentzer. 2. The decedent, Dale W. Mentzer, died on October 25, 2012, at the residence of his daughter, Bonnie R. Wilt. 3. Letters Testamentary were issued to the Petitioner on November 6, 2012,by the Register of Wills of Cumberland County, Pennsylvania; no bond was required. 4. The Petitioner has filed a Pennsylvania lnheritance Tax Return on February 12, 2013. On or about April 8, 2013,the Department of Revenue approved the inheritance tax return as filed in this matter. A copy of the approval is attached hereto as Exhibit"A." 5. The sole heir is the Petitioner, Bonnie R. Wilt, One Graham Road,Nevwille, Cumberland County, Pennsylvania 17241. 6. No creditors are known to exist in this estate aside from the ones listed herein. 7. At the time of his death,the decedent' had the following two assets: A. Orrstown Bank Account# 146004114 $13,906.0q B. Credits for funeral expenses from benevolent organizations 466.00 Total: $14,372.00 WHEREFORE, the Petitioner, respectfully requests that they be permitted to distribute decedent's estate as follows: - 1. Probate fees $ 115.00 2. The Sentinel (obituary fee) $ 48.00 3. Advertising Fees $ 232.68 4. Inheritance Tax Return $ 20.00 5. Petition to Settle Small Estate $ 15.00 6. Legal Fees to Baric Scherer LLC $3,170.00 7. Bonnie R. Wilt, family exemption 3 000.00 $6,600.68 B C'SCHERER LL , . u David A. Baric, Esquire ID#44853 19 West South Street Carlisle, PA 17103 (717) 249-6873 Attorney for Fetitioner VERIFICATIQN I verify that the statements made in the foregoing Petition are true and carrect. I understand that faise statements herein are made subjec#to the penaities of 18 Pa.C.S. Sectian 4904 xelating to unswarn fatsificatian ta auf:harities. Date: �'' ��� �� �G9�x.�wt_� d'1 c ���t��.J' Bonnie R. Wilt � . . ` NOTICE OF INHERITANCE TAX � pennsy�varna ' ' APPitAISEMENT, AL�OWANCE OR DISALl.OWANCE pEpRR��pr�-ppREVEMUE BUREAU 8F INIIIVIDUAL raxES OF DEDUCTIONS AND ASSESSMENT QF TAX INHERITANCE TAX UIVISION REV-1547 EX AFP C09-12) PO SOX 280601 FtARRISBi�26 PA 17128-Q601 DATE D4-08-2013 ESTATE OF MENTZER DALE W DATE OF DEATH 10-25-2012 FILE NUMBER 22 I2-ll6b COUNTY CUMBfRLAND � DAVID A BARIC ESQ A�� 101 I9 W SOUTH ST APFEA�. �ATE: 06-07-2013 CARL I SL E PA 17 D 13-3445 (See reverse side under Ob�ections) A�ount Re�ftted�� �� MAKE CHECK PAYAHLE AND REMIT PAYMENT TOs RE�IS7ER OF WILLS I COURTHOUSE SqUARE CARLISLE PA 17I113 CUT ALDNG THIS LINE � RETAIN LOWER PORTION FOR YOUR RECORDS 4� ______ ------------------•----------------------------------------•----•--------___--------- REY-1547 EX AFP tl2-il� NOTICE OF INHERITANCE 7AX APPRAISEMENT: ALLOWANCE dR DISA4LDWAMCE OF DEDUCTTONS AND ASSESSMENT OF FAX ESTATE OF: MENTZER DALE W�Il.E N0. :21 12-1166 AChI: 1�1 DATEs 04-08-2013 7AX RETURN WAS: (�O ACCEPTED AS FILED C ) CHANGED APPR/IISED YALUE 4F RETilRH HASED ON: 4RIGINAL RETURN 1. Rea1 Estate CSahedule A) fl) ��0 NOTE: To ensure praper Z. Stocks and Bonds CSahedule B3 C2� .00 credit to your acaount, .�� submit #he upper portion 3. Closely Held Stock/Partnarship Interest (Schedu2e C] t3} of thfs form with Your 4. MortgageslNotes Rece3vable CSchedule D) �y� .00 }ax payment. 5. Cash/Bank DePOSits/Misc. Personal Property tSchedule E7 {g} 14�372.00 6. Joihtly Ow�ed Property CSchedule F) �g� 94,481.00 ?. Transfers tSchedule 6} t7} .0 0 8. TqYal Assets CS) 108.853.00 APPROYEII DEDUCTIONS ANI1 EX�MPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses CSchedule H) �g) 1Q,�906_.68 ld. DebtslMartgage LiabilitiesfLiens CSshedule I? C10) •QQ 11. Total Deductians C11� 10,906.68 12. Net Yaiva of Tax Retur� �Z2} 97,946.32 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts CSehedule J1 C13} •��- 14. Net Value of Estate Sub3ect to Tax �ly� 97,946.32 IVOTE: If an assessment was issued previously, Lines l�i, 1S, iS, 27, 18 andlar I9 will refiect figures that incZude the to#al of all returns assessed ta date. ASSESSMENT OF TAX: 1S. Amount of Line 14 at spousal rate C15) .00 X 00 .00 16. Amount af Line 14 taxable at 2ineal rate C16) 9?-9��-;� X 045 = 4,G 07.�8 17. Amount oi° Line 14 at sibling rate C17) , , -�� X 12 '� .QO 28. A�tount of Line 24 taxable at collateral rate �18] .00 X 15 = .00 19. Princ3pal Tax Due {�gy= 4:4 07.5$ 7`AX GREDITS: PAYMENT RECEIPT LIISCOUNT t+� DATE NUMBER INTEREST/PEN PAID C-) AMOUNT PAIB 0}.-22-2013 CD0170 8 220.38 6:268.tI0 i'OTAL TAX PAYMEN7 b,qgg,3g BALANGE OF TAX DUE 2,080.80CR INTEREST AN� PEN. ,QO TpTAL DUE 2,080.80CR * IF PAID AFTER IIA7E ENDICATED. SEE REVERSE IF TOTAL DUE IS REFtECTED AS ;9 CREDIT tCR), YOU MAY BE DllE FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE R6VERSE SIDE FOR INSTRUCTIONS. EXHIBIT "A" IN RE: DALE�W. MENTZER ��p��� ��� ��, � IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION 21-12-1166 IN RE: PETITION UNDER SECTION 3102 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE FOR THE SETTLEMENT OF A SMALL ESTATE ORDER OF COURT AND NOW, this 26th day of June 2013, upon consideration of the Petition Under Section 3102 of the Probate, Estates and Fiduciaries Code for the Settlement of a Small Estate, a CITATION is issued upon all interested parties to show cause why the relief requested should not be granted. PETITIONER shall serve the petition and Citation upon all interested parties. Proof of service must be filed prior to the court entertaining a motion to make citation absolute. `�J.�ATc�,1N R�TU�NABLE twenty days fro� the date of s�rvice by Petitioner. _ � � a. �., - � � ;�.« . � o : t.,� � � � `.� �: � �� , � S � "' c�- � � � 7'�( l.t.! � � �„� �,`: �-- � ._.J � � C;; V� � U � � L37 !S.! � cri � � � . � `� �j �, Thomas A. Placey C.P.J. �� Distribution: David A. Baric, Esq. Bonnie R. Wilt EXAIBIT "B" �1�.R,�� ' 19 West�outh Street Carlisle,Pennsylvania 17013 Attarneys at Law {717}249-6873 (717)249-5755-Fax ��CI3ERER dbaricC�baricscherer.com LLC David A. Baric Michael A.Scherer Tricia D.Naylar Bret P.Shaffer 5tever�j.Fishman Of Counsel July 2, 2013 Bonnie Wilt One Graham Road Nevwille, Pennsylvania 17241 RE: Estate of Dale W. Mentzer Dear Bonnie: Enclosed find a copy of the Petition For Settlement Of Small Estate I filed in the above matter with the Register of Wills off ce on June 20 , 2Q 13, along with a copy of the Clyder af • Court signed by the Honorable Thomas A. Placey c►n June 26, 2013. Very truly yours, � BARIC SCHERER LL � � , David A. Baric, Esquire DAB/jl Enc. cc: File dab.dirlestates/ment�er-dale/bannie4.ltr EXHIBIT r'C" B ARIC 19 West South Street Carlisle,Pennsylvania 17013 Attorneys at Law (717)249-6873 (717)249-5755-Fax SCHERER dbaricQbaricscherer.com LLC David A. Baric Michael A. Scherer Tricia D.Naylor Bret P. Shaffer Steven J.Fishman Of Counsel " July 2, 2013 Curtis J. Sheaxer, Jr. 745 West Clayton Avenue Clayton,New Jersey 08312 RE: Estate of Dale W. Mentzer Dear Mr. Shearer: Enclosed find a copy of the Petition For Settlement Of Small Estate I filed in the above matter with the Register of Wills office on June 20 , 2013, along with a copy of the Order of Court signed by the Honorable Thomas A. Placey on June 26, 2013. Very truly yours, BARIC SCHERER C 1 l � ` David A. Baric, Esquire DAB/jl Enc. cc: File da b.d ir/estates/m entzer-dale/cu rtis.ltr CERTIFICA�TE OF SERVICE I hereby certify that on August ��"' , 2013, I,David A. Baric, Esquire of Baric Scherer LLC,did serve a capy of Motian To Make Rule Absolute,by first class U.S. mail,postage prepaid,to the party listed below, as follows: Curtis J. Shearer, Jr. 745 West Claytpn Avenue Clayton,New Jersey 48312 1 r . David A. Baric, Esquire