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Chester County Law Reporter (USPS 102-900) the Official Legal Publication for Chester County Vol

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Chester County Law Reporter (USPS 102-900) the Official Legal Publication for Chester County Vol Chester County Law Reporter (USPS 102-900) The Official Legal Publication for Chester County Vol. 69 WEST CHESTER, PENNSYLVANIA, JUNE 17, 2021 No. 24 TABLE OF CONTENTS 69 CHESTER COUNTY REPORTS In re: Mark R. Smith Petition to settle insolvent estate . 191 (2021) Classified Ads . 10 Legal Notices Meeting Space - West Chester See Table of Contents. .1 Associate Attorney Copyright ©2021 CCBA — All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopy, or any other means without the prior written permission of the copyright holder. Chester County Law Reporter (USPS 102-900) Reporting the Decisions of the Divisions of the Court of the Fifteenth Judicial District of Pennsylvania, Composed of Chester County, Officially Designated by the Rule Thereof as the Legal Periodical for the Publication of Legal Notices Owned and Published by CHESTER COUNTY BAR ASSOCIATION 15 West Gay Street, 2nd Floor, West Chester, Pennsylvania 19380 www.chescobar.org [email protected] Telephone: 610/692-1889 Fax: 610/692-9546 Richard Meanix, Editor Assistant Editor Patrick M. McKenna, Esquire Richard Meanix, Chairperson-Publications Committee Subscription Rate $50.00 for CCBA Members; $70.00 for Nonmembers CCBA Periodicals Postage Paid at West Chester, Pennsylvania POSTMASTER: Send address changes to Chester County Law Reporter, 15 West Gay Street, 2nd Floor, West Chester, PA 19380 The CHESTER COUNTY LAW REPORTER is published every Thursday. The Deadline for submission of all notices is 12:00 noon on Tuesday, 10 days prior to the following Thursday publication. Notices must be submitted in typewritten form OR form provided by the Office of theLaw Reporter and are published exactly as submitted by the advertiser. Neither the Law Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. Copyright ©2021 CCBA — All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopy, or any other means without the prior written permission of the copyright holder. 2021 CCBA Officers 2021 CCBA Directors John Fiorillo, President Maria Janoski (2021) Michelle Bernardo-Rudy, Vice President Ryan Jennings (2022 Christin Kubacke (2021) Brian Nagle, Treasurer Wes Legg (2022) Don Lynn, Secretary Jon Long (2023) Sam Cortes Helen Mountain (2023) Immediate Past President A.J. Ober (2023) Hon. Allison B. Royer (2021) Executive Director Matt Holliday 2021 YLD Division Michelle Barone, Chair Blaine Feinauer, Chair-Elect James Doyle, Immediate Past Chair CHESTER COUNTY REPORTS 191 [69 Ches. Co. Rep. In re: Mark R. Smith In re: Mark R. Smith Petition to settle insolvent estate The total probate estate was represented to be approximately $15,000.00 with administrative expenses, debts, and taxes claimed of approximately $52,000.00. Between cost of administration and funeral and burial expenses, Petitioner repre- sented that she paid approximately $3,200.00 more than the value of the estate. Petitioner sought approval of the payments made and to discharge unpaid debts of the estate totaling approximately $33,500.00. Problems with the Petition includ- ed it being filed expressly under 20 Pa.C.S. § 3392, which does not authorize the Petition or relief sought; rather, it establishes payment priority if the assets of the estate are insufficient to pay all proper charges and claims in full. Next, it is not apparent how Petitioner paid more out of the estate than it contained. Finally, Petitioner asked this court to approve the Petitioner’s payment of attorney’s fees of $11,062.00 charged to an estate of approximately $15,000.00 despite that apparent disproportion and no support being provided that the legal fees were reasonable. Upon consideration of the Petition for Settlement of Insolvent Estate, the Court Held the Petition was denied with leave granted to file a new petition. R.E.M. C.C.P. Chester County, Pennsylvania, Orphans Court Division No. 1520-0190; In Re: Mark Smith Maria Dominique Feeney for Petitioner/Administrator Binder, J., March 31, 2021:- 192 CHESTER COUNTY REPORTS In re: Mark R. Smith 191 (2021)] IN THE COURT OF COMMON PLEAS CHESTER COUNTY, PENNSYLVANIA ORPHANS’ COURT DIVISION IN RE: MARK R. SMITH No. 1520-0190 ORDER and MEMORANDUM AND NOW, this 31st day of March, 2021, upon consideration of the Peti- tion for Settlement of Insolvent Estate under 20 Pa.C.S.A. [sic] § 3392, filed October 6, 2020, it is hereby ORDERED that the Petition is DENIED, without prejudice, for the reasons set forth in the accompanying memorandum BY THE COURT: /s/ BRET M. BINDER, J. CHESTER COUNTY REPORTS 193 [69 Ches. Co. Rep. In re: Mark R. Smith MEMORANDUM Petitioner Carolyn Seiwell, as Estate Administrator, filed her Petition under 20 Pa.C.S. § 3392 on October 6, 2020. The total probate estate was represented to be $15,079.58 and the administrative expenses, debts, and taxes claimed against the estate was represented to be $51,846.84. Petitioner represented that she paid a total of $15,104.00 for the costs of administration, which is a sum that exceeds the value of the total probate estate by $24.42. In addition to the costs of administration, Petitioner rep- resented that she paid funeral and burial expenses of $3,200.00, which means Petitioner made payments exceeding the value of the estate by $3,224.42. Petitioner asked this court to approve the payments made and to discharge unpaid debts of the estate totaling $33,542.84. This court has identified three (3) problems with the Petition filed on October 6, 2020. First, the Petition was filed expressly under 20 Pa.C.S. § 3392. That statute does not itself authorize the filing of the Petition or the grant of the relief requested. In- stead, it sets forth seven (7) classes of claims which may be made against an estate and establishes payment priority as among them “[i]f the applicable assets of the estate are insufficient to pay all proper charges and claims in full, . .” 20 Pa.C.S. § 3392. -Pe titioner’s following § 3392 to prioritize payment appears to be appropriate but § 3392 does not itself authorize the filing of the Petition or the grant of the relief requested. Second, it is not apparent to this court how Petitioner paid more out of the estate than it contained. Finally, Petitioner asked this court to approve the Petitioner’s payment of attorney’s fees of $11,062.00 charged to an estate of $15,079.58. That disproportion appears unreasonable on its face and the request is not supported by documentation and/or an affidavit or explanation upon which this court could conclude that the attor- ney’s fees are reasonable. Accordingly, this court will enter an order denying the Petition with leave granted to file a new petition authorized by law which does not contain the problems identified above. No . 24 CHESTER COUNTY LAW REPORTER 06/17/21 TABLE OF CONTENTS LEGAL NOTICES Change of Name Notice . 2 Corporation Notice . 2 Estate Notices 1st Publication . 2 Estate Notices 2nd Publication . 4 Estate Notices 3rd Publication . 5 Fictitious Name . 7 Nonprofit Corporation Notice . 7 Trust Notice 1st Publication . 7 Notice 3rd Publication . 7 Notice 3rd Publication . 8 Notice 3rd Publication . 8 Notice 3rd Publication . 8 Notice 3rd Publication . 9 1 No. 24 CHESTER COUNTY LAW REPORTER 06/17/21 NOTICES if any they have, why the prayer of the said petition- Please note: All legal notices must be submitted er should not be granted. in typewritten form and are published exactly as submitted by the advertiser unless otherwise CORPORATION NOTICE specified. Neither theLaw Reporter nor the NOTICE IS HEREBY GIVEN THAT Articles of printer will assume any responsibility to edit, make Incorporation were filed with and approved by the spelling corrections, eliminate errors in grammar or Department of State of the Commonwealth of Penn- make any changes in content. The use of the word sylvania on the Monday, May 24, 2021 for Kenny “solicitor” in the advertisements is taken verbatim Roberts Pool Water, Inc.in accordance with the from the advertiser’s copy and the Law Reporter provisions of the Pennsylvania Business Corporation makes no representation or warranty as to whether Law of 1988. The purpose or purposes for which the individual or organization listed as solicitor is it was organized are: The hauling and delivery of an attorney or otherwise licensed to practice law. water by Tanker Truck. The Law Reporter makes no endorsement of any Donald B. Lynn, Jr., Esq. advertiser in this publication nor is any guarantee Larmore Scarlett LLP given to quality of services offered. P.O. Box 384 Kennett Square, PA 19348 CHANGE OF NAME NOTICE IN THE COURT OF COMMON PLEAS CHES- CORPORATION NOTICE TER COUNTY, PENNSYLVANIA NOTICE IS HEREBY GIVEN THAT Articles of CIVIL ACTION Incorporation were filed with and approved by the LAW NO. 2021-02333-NC Department of State of the Commonwealth of Penn- NOTICE IS HEREBY GIVEN that the name change sylvania on the DJBF Enterprises Inc. in accordance petition of Jared Michael Reid was filed in the with the provisions of the Pennsylvania Business above-named court and will be heard on Monday, Corporation Law of 1988. July 12, 2021 at 2:00 PM, in Courtroom 3 at the Chester County Justice Center, 201 West Market ESTATE NOTICES Street, West Chester, Pennsylvania. Date of filing the Petition: Friday, April 9, 2021 Letters Testamentary or of Administration having Name to be changed from: Jared Michael Reid to: been granted in the following Estates, all persons Jessica Evelyn Reid having claims or demands against the estate of the Any person interested may appear and show cause, said decedents are requested to make known the if any they have, why the prayer of the said petition- same and all persons indebted to the said decedents er should not be granted.
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