HomeMy WebLinkAbout08-14-13 -_� �. :�::�
IN THE COURT OF COMMON PLEAS c� � ; -� r�-s
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OF CUMBERLAND COUNTY,PENNSYLVANI �' - _ �-:�
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ORPHANS' COURT DIVISION m ��' �; �-= "
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NO. 21-12-1166 � 4+? ; <:� •
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ESTATE OF DALE W. MENTZER �; ^_.:. . ;
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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
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David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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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
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IN THE COURT OF COMMON PLEAS �:� � � a
OF CUMBERLAND COiJNTY,PENNSYLVANIA rn z ,�, z `_�a �c
ORPHANS' COURT I)IVISION F.�'.. � � o `;; t:
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NO. 21-12-1166 �' �` �
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ESTATE OF DALE W. MENTZER ;,o -�-� ��� � �
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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. 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 ,
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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���
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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.
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� `� �j �, Thomas A. Placey C.P.J.
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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
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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
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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