HomeMy WebLinkAbout94-00833
I)ETITION FOR I)ROIIATE "nil GRANT 01- LETTERS
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OATIl OF PERSONAL REPRESENTATIVE
COMMONWI':At.T11 OF I'ENNSYI.\'ANIA I. HH
('(Hi Nn' OF CUMflERLANq I
I h,' 1'\'lllion,.It" al"""'lIalll,'d \\1"iII(s) 01 aflirlll(Illhlll Ih,' lIaICIIl,'IIII illlhc forcgolng Jlclltlonurc
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Ilt'lulI' IIII' I~I 1,.TH dl~ 01 // ~'
L Ik!~(\f{: ,m~U) /1 ~ ,,(:~~/!'f.dLJ)ll't1 ,/ C~~~~ ~
_' I~' 0 MAny C. LEWIS 1I1'.~I.III'r "to O...m.._.... B
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.:state of ~(r:' ~ '(:> S?C, \\\\'<"01('" I Deceased
HECREE 0)<' PROBATE AND GRANT 0.' LETTERS
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AND NOW __\,=)V_~.'ll.L.Z~..L__... ,)., ___._ 19--,,_____., In consldernllon of the pellllon on
lhe remse sidc hmoI', slltllfuctm)' prnof hlll'ln,l\ bcen prescrllcd beforc 11l~ \
IT IS DECREED Ihlll Ihc IIlSlrnl1lcnt(s) dlltcd_~_C.:1___..l6_1 m \
~be( Ihercl~, c ndn1/J.l.cd to~c IInd filed of record 115 the 11151 will of ______._
_ ~ (t" _y_ _tt~(lt~... __:
IInd Lellers .::lC~.[''1I::t~~---r-L\---r::-.:------'~-
mc hereb.r..sranted to ___~L\-J<" rAt \r ._~.D::'.10( If _~ I 'p::\E:L..~.t:\
\ V \-\-\ \<"1 iCL :;t.c'
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FEES
P;obnte, Lellers, Etc, ,.""." $ 115..9.0
, Shmt Ccrliflcntes( 8) , , , , , , , , " $~..2.!l...Q0
'Y~~~~lg~ion ,,,,,,,........, L-,r;-aO
JCP $ . 5.00
. TOTAL __ 5-_15.6...00
Flied ."", ~~,~~~:r. .1, ~" .1,~~?, , , . , , , . , . ,
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ReslllCl uf Will, I {f 0
MARY}Yy?
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AHORNEY (Sll~, Cr. I.\l, Nu,) "'=SC)I ~CJ
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shall have survived me by morEl t.han ninety (90) days.
.FH"TH. All tho rest, residue and remainder of my Estate,
real, personal and mixed, whatsoever and wheresoever situate, I
give, devise and bequeat.h unto such of my children, ,JULIAN O.
BALTIMORE, ROBERT I.. BALTIMORE, RONALD M. BALTIMORE, JANET B.
NOCHO and R. MICHAEL BALTIMORE, absolutely and in fee simple, in
equal shares. If any of my aforesaid children should fail to
survive me, then and in that event, I give, devise and bequeath
his or her share unto such of my said children who shall survive
me, absolutely and in fee simple, in equal shares.
~IXTH. In the event that I should, by reason of physical or
mental disability, become unable to take part in decisions for my
own future by virtue of what is commonly known as "brain death"
~ or "persistent veget.ative state", I order and direct that, where
there is no reasonable expectation of my recovery from physical
W AVNE F, SIIAIlI'.
Allnrney 41 tllW
~ !ioulh Hllnll'fCr Sllcrl
Carlhlt, Peonsy!..."olll 1701.1
disability I I be permitted t.o die and that I not. be kept alive by
artificial means, including nutrition or hydration by
intubation. It is my express desire that I not be permitt.ed to
suffer the indignities of deterioration, dependence and hopeless
pain and that, therefore, medication be mercifully administered
to me only to alleviate my sUffering, even though this may hasten
the moment of death.
SEVENTH. I order and direct that any estate, inheritance or
similar tax due as a result of my death with respect to any
property passing as a result of my death, shall be paid from the
residue of my Estate prior to distribution as an expense of
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IN RE:
ESTATE OF MILDRED P. BALTIMORE,:
Deoeased, Late of the
Borough of Carlisle, :
Cumberland County, Pennsylvania:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-94-833
BRIEF OF JANET B. NOCHO IN SUPPORT OF
PETITION FOR DISQUALIFICATION OF EXECUTOR
STATEMENT OF THE CASE
Mildred P. Baltimore died on April 17, 1994. Her Last Will
and Testament gave her daughter the right to live in her home for
life so long as her daughter paid the expenses of occupancy and
left the residue of the Estate, including the remainder inte~est
in the real estate, to her daughter and her four sons in equal
shar.es. The Will also designated Robert Baltimore as Executor
and Janet Nocho as first alternate personal representative.
When the brothers saw that Janet was given a life interest
in the real estate, they were upset to the point that Janet was
threatened while in the hospital recovering from surgery. As a
result of those threats, Protective O~ders were entered against
two of the brothers.
More than five months after the date of death of Mrs.
Baltimore, Robert Baltimore had done nothing to probate the Will.
Therefore, after Janet Nocho was released from the hospital, she
took steps to have Robert Baltimore disqualified as personal
representative. During the combined hearing on that issue and
the allegations of abuse, Robert Baltimore agreed to renounce in
favor of Janat Nacho. However, he violated that agreement when
WAYNIl F, SHAIlI!
A~m~~~w he renounced in favor of Janet and another brother, Richard
.UWut IllllllfrclSlrl'tt
('trlhle, l'tMI)'lvanl.
1701l Michael Baltimore.
W^YNII F, SIl^1l11
Mlomey ., lAw
~J Wul ~rrt' SlI<<t
CI/U.Ie, l'<Nuylv..~
17013
It took Janet Nocho more than a year after her surgeries to
recover sUfficiently, both physically and financially, to enable
her to be able to qualify to mortgage her modest home to obtain
the funds necessary to complete administration of her mother's
Estate. During that time, none of the brothers made any effort
to come forward to settle the Estate. Also, during that time,
Janet was threatened and prevented from occupying her mother's
residence. Nevertheless, she acquiesced in the occupancy of the
property by Richard Michael Baltimore as part of his recovery
process from abuse of illegal drugs. Richard Michael Baltimort>
admitted that, but for the threats of Robert Baltimore against
Janet Nocho, it had been the general intention that Richard
Michael Baltimore would reside in the real estate with Janet.
When the drug abusing friends of Richard Michael Baltimore
began coming around to the property at all hours of the day and
night and causing disturbances and when Ms. Nocho had gathered
the resources to hire an attorney, she sought to have Richard
Michael Baltimore evicted from the property after he refused to
leave vOluntarily. During all of the time since the death of
Mildred P. Baltimore, Janet Nouho has paid the real estate taxes
and insurance on the real estate. The real estate is the only
major asset of the Estate.
Now pending before your Honorable Court are the cross
petitions of Janet Nocho for the disqualification of Richard
Michael Baltimore as Executor and of the brothers who assert a
forfeiture of Janet's life interest in the real estate.
-2-
WAVNII F, SHAUB
Allomcy lll...w
51 WUI Pomfrrt Slmt
C"I"~, POlII""".
17013
ARGUMENT
I. JANET B, NaCHO HAS NOT FORFEITED HER LIFE
INTEREST IN HER MOTHER'S RESIDENCE.
Whatever the nature of the interest specifically devised to
Ms. Nocho, on the death of the owner, specifically devised
interests in real estate, where the real estate is not in the
possession of an heir or devisee, are placed under the
administrative control of the personal representative during
administration of the estate. 20 Pa.C.S.A. S3311.
Robert BaltimoI'e, the primary executor never sought the
issuance of letters testamentary. Therefore, he never possessed
the legal authority to authorize Ms. Nocho or anyone else to
occupy the property. Even in the absence of the threats of her
brothers, Ms. Nacho has never had proper legal authority to take
possession of the real estate or to assert control over it in the
absence of the permission of a properly constituted personal
representative of the Estate.
This absence of the right to assume control over the
property is what distinguiShes this case from the decision in
Baldesberger v. Baldesberger, 378 Pa. 113, 105 A2d 713 (1954),
oited by the sons of Mrs. Baltimore. Accordingly, she cannot be
held to have forfeited her inheritance for failure to occupy it
or to pay the utility expenses. Moreover, Ms. Nocho has not
slept upon her rights. She has paid the real estate taxes and
insurance premiums since her mother's death. In addition, as
soon as she became able to do so, she borrowed the money to pay
-3-
W^YNIl F. SH^llll
^tlome)' II Law
~l We'l Porn(," Stitt,
Cutillo, Pt'M.)'tvanla
17013
,
. ....
the inheritance taxes and expenses of administration of the
Estate. It is only after she has gone to all of this trouble and
expense, which she really cannot afford, that her brothers have
again ganged up on her to bring this last assault upon her clear
and legitimate rights under the Will. Until Ms. Nocho instituted
these proceedings, none of the sons had done anything to probate
the Will.
The Will specifically provides that the real estate is only
to be sold upon Ms. Nocho's ceasing to utilize the property or
pay the enumerated expenses. We contend that Ms. Nocho did not
cease to satisfy the conditions of her occupancy. On the
contrary, she never had the opportunity to begin to occupy the
property due to the wrongful conduct of Robert Baltimore, as the
primary executor, in failing to discharge his responsibilities
under the Will and in threatening Ms. Nacho in connection with
her desire to occupy the property.
Robert Baltimore attempted to make the point at the most
recent hearing herein that the Protective Order was a consent
order as to him rather than an adjudication. However, it is
revealing that Robert Baltimore never denied his threats against
his sister. It is clear that his counseled agreement to the
Protective Order was in the face of what would have been an
inevitable adjudication of abuse.
We contend that Mrs. Baltimore would have never intended
that Ms. Nocho suffer a forfeiture under these circumstances and
that the efforts of the brothers to have her life interest in the
real estate must be dismissed.
-4-
WAVNI! F. SHAIlI!
AtionK)' II Law
U Wen Pom(rcl Stte~1
('Irll.ki, ~M.)'l"&n~
171113
II. RICHARD MICHAEL BALTIMORE IS UNWILLING AND
UNFIT TO ADMINISTER HIS MOTHER'S ESTATE.
Robert Baltimore did nothing to probate his mother's Will
for more than five months after her death. He then renounced his
right to administer the Estate in the middle of a combined
hearing for Protection from Abuge and to disqualify him as
executor of the Estate. A written renunciation of the right to
letters testamentary is binding and may not be withdrawn. std.
Pa. Prac. 2d 153:40, Groesch Estate, 29 D&C2d 155 (Phila. 1962).
We contend that, even if Robert Baltimore had not renounced, he
would be unfit to administer the Estate for several reasons.
In addition to his threats against his sister, Robert
Baltimore also admitted that he wrongfully violated the
agreement, between counsel at his Protection from Abuse hearing,
that he would renounce in favor of Ms. Nacho, when he arbitrarily
renounced in favor of Ms. Nocho and Richard Michael Baltimore
jointly. This was ostensibly for the reason that Janet could not
handle the responsibility. This admitted violation of the
agr~ement between counsel is particularly egregious where it is
clear from the Will that Mrs. Baltimore wanted Ms. Nocho to be
the first alternate personal representative and where Richard
Michael Baltimore was still in jail for drug use at the time of
the renunciation. Evidently, Robert Baltimore thought that Janet
would be better equipped to undertake her fiduciary duties if she
could be assisted by an incarcerated drug addict. All of these
factors clearly reveal Robert Baltimore's obvious antagonism to
the provisions of the Will in favor of his sister, his lack of
-5-
WAVN!! F, SHAIlI!
^llomt)' I'Law
H Wtll I'ocnhtl St/W
('ulide,I'cMlylvll1ia
I7UIl
concern for the integrity of the estate administration process
and his general unfitness to have anything else to do with
administration of this Estate.
As your Honor is aware, administration of this Estate has
been delayed for more than two years due to the wrongful acts of
the sons of Mrs. Baltimore directed specifically toward Ms.
Nocho. Penalties are accruing daily. Therefore, we respectfully
request an early decision disqualifying Richard Michael Baltimore
as personal representative and evicting him from the real estate
so that Ms. Nocho can begin the process of sorting out this
unfortunate mess.
We would further submit that jUdicial economy would be
served by an indication from your Honor that letters testamentary
should be issued to Ms. Nocho upon her applicatJ.on. We submit
that it would be most appropriate for Ms. Nocho to administer the
Estate where she was designated by her mother as the first
alternate, where she is, in effect, the primary present heir in
terms of her life interest in the real estate and where she was
the first one to come forward to offer to settle the Estate and
pay for it from her own funds. We further submit that no neutral
person would have the incentive to sort out this mess, and there
is no money to pay a neutral pErsonal representative in any
event. Finally, there is not even the suggestion that her acting
as executr ix ,would prejudice the remainder interel3ts of her
brothers.
Having heard all of the relevant evidence, a present
indication of your Honor's view of the designation of Ms. Nooho
-6-
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Name of Decedent:
Mildred P. Baltimore
Date of Death: April 17 , 1994
No. 1994 - 00888 PA File No.: 21-94-00888
To the Register:
I certifY that notice of beneficial interest required by Rule 5.6(a) of the
Orphans' Court Rules was served on or mailed to the following beneficiaries of
the above-captioned estate on June 19, 1998.
~ Mdress
1. Robert L, Baltimore, 609 Stine Avenue, Carlisle, PA 17018
2. Julian O. Baltimore, Terra Loma Drive, Apt. 66, Rancho Cordova, CA
95670
8. Ronald M, Baltimore, 206 Eckmond Road, Lancaster, PA 17602
4. Janet B. Nocho, 86 East Locust Street, Carlisle, PA 17018
5. R. Michael Baltimore, 86 East Locust Street, Carlisle, PA 17018
Notice haa now been given to all persons entitled thereto under Rule 5.6(a)
except:
Dated;(~CC6
Ci ''I 1.:
.(~ ":,~
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--13Y: Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17018
(717) 249-6427
Attorney No. 88180
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Oapacity: _ Personal Representative
.1l Counsel for Personal
Representative
shall have survived me by more than ninety (90) days.
~'IFTH. All. the rest, I:esidue and remainder of my Estate,
r.eal, personal and mixed, whatsoever and wheresoever situate, I
give, devise and bequeath unto such of my children, JULIAN O.
BALTIMORE, ROBERT L. BALTIMORE, RONALD M. BALTIMORE, JANET B.
NOCHO and R. MICHAEL BALTIMORE, absolutely and in fee simple, in
equal shares. If any of my aforesaid children should fail to
survive me, then and ill that event, I give, devise and bequeath
his or her share unto such of my said children who shall survive
me, absolutely and in fee simple, in equal shares.
pIXTH. In the ev~nt that I should, by reason of physical or
mental disability, become unable to take part in decisions for my
own future by virtue of what is conunonly known as "brain death"
(S or "persistent vegetative state", I order and direct that, where
there is no reasonable expectation of my recovery from physical
disability, I be permitted to die and that I not be kept alive by
artificial means, including nutrition or hydration by
intubation. It is my express desire that I' not be permitted to
suffer the indignities of deterioration, dependence and hopeless
pain and that, therefore, medication be mercifully administered
to me only to alleviate my suffering, even though this may hasten
the moment of death,
SEVENTH. I order and direct that any estate, inheritance or
similar tax due as a result of my death with respect to any
property passing as a result of my death, shall be paid from the
residue of my Estate prior to distribution as an expense of
AlIotMYlll.lW
j Soulh I"MVcr suet!
ulllle. Penn.ylVlnll 11013
-2-
Allorney 111..v.
'SOUlhlhMverSllW
Iflhle. Pennlylv.nil 1701)
administration and that no part of the taxes should be pro-rated
or apportioned among the persons or beneficiaries receiving the
taxable property. My personal representative shall have full
power and authority to pay, compromise or settle any such taxes
at anytime whether with respect to present or future interests.
EIGHTH. Any and all decisions, determinations or actions
made or taken by a personal representative or Trustee hereunder,
if. made in good faith, shall be final and conclusive on all
persons who are or may become interested in my Estate. No
fiduciary acting under this my Last will and Testament shall be
liable for any error in judgment or for any depreciation or
reduction in value of any Estate or Trust assets at anytime, in
the absence of willful default.
LAS~. I nominate, constitute and appoint my son, ROBERT L.
BALTIMORE, to be the Executor of this my Last Will and Testament,
but if, for any reason, he should fail to qualify as such
Executor or cease so to serve, then and in that event, I
nominate, constitute and appoint my daughter, JANET B. NOCHO, and
my son, R. MICHAEL BALTIMORE, as successive alternate personal
representatives hereof, all to serve without bond.
IN WITNESS WHEREOF, I, MILDRED P. BALTIMORE, have hereunto
set my hand and seal to this, my Last Will and Testament whlch
consists of five (5) typewritten pages to each of which I have
affixed my signature this 21st day of
Januarv
A.D. One Thousand Nine Hundred Ninety-One (1991).
'Mfcf:~d ~. C?alf1~1;~" - (SEAL)
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.~n-1G-1996 10158
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JnCOIJSEl,1 f~ 1'111.1<10,;
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'117 249 8427 P.03 ,0',
JACOBSEN & MILlmS
52 East HJgh Street
Carlisle, PA 17013.30S5
Tcl 717249.6427
FM 717 249,8427
Samuel W. MJlkes
Andrea C. .fncobsen
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Fobrunrrl0, 1996
,"
HAND DELlVElRED
OWef Steve Margoson
Borough of Oarl.lsle Polico Dept.
63 West South Stroot
Oal'l.ls1e, PA 17013
RE: Richard M. Baltimore and Janet Nocho
Property in question: 36 E. Locust St., Oarlisle
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Dear Ohief Margoson:
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I represent Richard M. Baltimore who currently resides at 86 E. Locust Avenuo,
Oarlisle, ..Mr. Baltimore very recently received a letter from Attornoy W~e Shade on
behalf of Mr. Baltimore's sister, Janet Nocho, who is administering the Estate of
Mildred P. Baltimore. Mr. Shade has advised my client that if he does not vacate the
residence, which wns owned by Ms. Baltimore up to the time of her death, the police
will bo contaoted to remove my client from the premises and to oharge him with
trespassing.
There is quite a bit or history to this case and difference in legal position.
However, I want to be oertain to advise your department that it is our position Mr.
Baltimore is a tenant at this property. He has resided at this property for more than
the past year, living next door to his sister, Janet Nacho. He has paid the utilities
connected with this property, despite the fact that under the mother's will, it was the
sister's obligation to pay those utilities. We don't expect the police to become involved
in resolving this dispute but we do insist that the police not involve themselves by
attempting to remove Mr. Baltimore or by filing criminal trespass charges against him.
This matter is a civil dispute to be governed by the LancUord/Tenant Aot or
proceedings within the Estate of the partiell' deceased mother.
I am hond delivering this letter out of concern that the d~adllne for Mr.
Baltimore to move out was stated ns tomorrow, Saturday, February 17, 1996,
Accordingly, I would ask that YOIl or your designee contact me immediately if you
envision taking action on this should you be contacted over the weekend or anytime
soon by Mr. Shade or Ms. Nocho. Otherwise, I trust you will agree that this is a
I
PLAINTIFF'S
EXHIBIT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN REI
MILDRED P. BALTIMORE
Deceased, Late of the
Borough of Carlisle,
Cumberland County, Pennsylvania
I ORPHANS' COURT DIVISION
NO. 21-94-833
PETITION OF RICHARD M. BALTIMORE TO DECLARE TERMINATED
THE LIFE INTEREST OF JANET B. NOCHO
COMES NOW, Richard M. Baltimore, by his attorney, Samuel W.
Milkes, Jaoobsen & Milkes, and requests of this Honorable Court
that it declare terminated the life interest of Janet B. Nocho, to
the decedent's home, located at 36 East Looust Street, Carlisle,
Pennsylvania, for the following reasons, and based upon the
following circumstanoesl
1. Richard M. Baltimore is the son of the deoeased, and
under her la~t Will and Testament, he stands to inherit a one-fifth
intereet in the residue and remainder of the decedent's estate,
which includes a one-fifth interest in the decedent's home.
2. Pursuant to the third paragraph of the decedent's
Last Will and Testament, Janet B. Nocho, daughter of the decedent,
is devised and bequeathed a life estate in the deoedent's personal
residence,
located at 36 East Locust Street, Carlisle,
Pennsylvania,
for long as she shall continue to utilize it as her personal
place of residence and pay all real estate taxes, utility
expenses and reasonable maintenance expenses and insurance
premiums. Upon the death of my said daughter or upon her
ceasing to utilize the property as her personal residence or
ceasing to pay the aforesaid expenses, I order and direct that
the remainder interest in said real estate be sold and
distributed as part of my residuary Estate.
3. Since the death of Mildred P. Baltimore, Janet B.
Nocho has failed to utilize the property as her personal residence.
She has not resided in the horne, since her mother's death, to the
present date.
4 . The first paragraph of Petitioner's Petition for
Disqualification of Executor asserts that she resides at 34 East
Locust Street, whereas to maintain her life interest, she is
required to reside at 36 East Locust Street, Carlisle,
Pennsylvania.
5. Since the Death of Mildred P. Baltimore, Janet B.
Nocho has failed to pay the enumerated expenses connected with the
decedent's property.
6. Since December 1994, Richard M. Baltimore has resided
in the home located at 36 East Locust Street, Carlisle,
Pennsylvania, and has paid some of the enumerated expenses.
7. Until January 1996, Janet B. Nocho had taken no steps
to attempt to remove Richard M. Baltimore from the home. She took
steps to evict at this time in retaliation against Richard M.
Baltimore, because he began to complain about her removal of items
of personal property from the 36 East Locust Street address.
WHEREFORE, for the above reasons, Richard M. Baltimore hereby
requests of this Honorable Court that it issue a Rule upon Janet B.
Nacho to show cause why the Court should not declare terminated the
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN REI
MILDRED P. BALTIMORE
Deoeased, Late of the
Borough of Carlisle,
Cumberland County, Pennsylvania
ORPHANS' COURT DIVISION
NO. 2l-94-B33
ANSWER OF RICHARD M. BALTIMORE TO PETITION OF
JANET B. NOCHO FOR DISQUALIF1.CATION OF EXECUTOR
COMES NOW, Riohard M. Baltimore, by his attorney, Samuel W.
Milkes, Jacobsen & Milkes, and requests of this Honorable Court
that it deny the relief requested by Petitioner, for the following
reasons, and based upon the fOllowing ciroumstances, beginning with
an Answer to the Petition I
Respondent has taken various steps but
admittedly, has not probated the Last Will and Testament.
B. ,Mmitted.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied.
9. Because this paragraph is addressed to actions
involving Petitioner and Julian o. Baltimore, Riohard M. Baltimore
is unable to respond.
10. Beoause this paragraph is addressed to actions
involving Petitioner and Julian o. Baltimore, Riohard M. Baltimore
is unable to respond.
11. Because this paragraph addresses Petitioner's
beliefs, Richard M. Baltimore is unable to respond.
12. Denied, to the oontrary, issuanoe of Letters
Testamentary to Petitioner would jeopardize the interests of the
estate, for the following reasons:
13. Richard M. Baltimore is the son of the deceased, and
under her last will and Testament/ he stands to inherit a one-fifth
interest in the residue and remainder of the decedent'e estate,
which includes a one-fifth interest in the decedent's home.
14. Pursuant to the third paragraph of the decedent's
Last Will and Testament, the Petitioner is devised and bequeathed
a life estate in the decedent's personal residence, located at 36
East Locust street, Carlisle, Pennsylvania,
for long as she shall continue to utilize it as her personal
place of residence and pay all real estate taxes, utility
expenses and reasonable maintenance expenses and insurance
premiums. Upon the death of my said daughter or upon her
ceasing to utilize the property as her personal residence or
ceasing to pay the aforesaid expenses, I order and direct that
the remainder interest in said real estate be sold and
distributed as part of my residuary Estate.
15. At the same time as filing this Answer, the
Respondent is filing with this Court a Petition, seeking to declare
the life interest of Janet B. Nocho terminated, for the reasons
that she has failed to utilize the property as her personal
residence and that she has failed to pay the enumerated expenses.
16. The first paragraph of Petitioner's Petition asserts
that she resides at 34 East Locust Street, whereas to maintain her
life interest, she is required to reside at 36 East Locust Str.eet,
Carlisle, Pennsylvania.
17. Richard M. Baltimore aaserts that due to her
contested life interest under the Last Will and Testament, Janet B.
Nocho will be unable to serve the dual role of Personal
Representative, administering her mother's wishes under the Will,
because of the conflict with her own wishes, to retain a life
interest in the home.
18. Since the death of the parties' mother, Janet B.
Nocho has removed many items of personal property of the decedent,
without accounting for this property in any fashion, and has taken
possession of and/or disposed of the property, as if it were her
own. By these acts, she has again demonstrated her inability to
llerve as Personal Representative, again because she is placed in a
position under which her personal actions, desires, and intentions
conflict with the explicit provisions of the Will.
WHEREFORE, for the above reasons, Richard M. Baltimore hereby
requests of this Honorable Court that it deny the relief requested
in the Pet! tion for Disqualification of Executor, and that the
Court designate either the firat named Executor, or another of the
decedent's children as Executor.
Respectf:~IY ~SUbmitt",
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I Sa uel W. Milkes, Esq.
JACOBSEN & MIl,KES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
I verify that the above information is true and correct to the
best of my knowledge, information and belief.
I understand that
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false statements herein are made subject to the penalties of 18
Pa.C.S.S4904 relating to unsworn falsification to authorities.
Datel 3-~;2. 96
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17013
5.
The averments of Paragraph 5 of the Petition are denied. On
the oontrary, Respondent avers that, were it not for her payment
of the real estate taxes and hazard insurance, the property would
have been at risk of loss to tax sale or hazard.
6.
Admitted. By way of further response, Respondent avers that
she has had no choice but to acquiesce in the residence of
Richard Michael Baltimore in the property due to her serious ill
health and resulting indigonce.
7.
The averments of Paragraph 7 of the Petition are admitted in
part and denied in part. It is admitted that, until January
1996, Respondent had taken no steps to attempt to remove Richard
Michael Baltimore from the home, but it is denied that the steps
that she has since taken to evict the said Richard Michael
Baltimore are in retaliation against him for any reason. On the
contrary, Respondent avers that her failure to take steps to
remove the said Richard Michael Baltimore from the home were due
to her serious ill health and resulting indigence. By way of
further answer, Respondent avers that, as soon as her health and
finances permitted her to proceed, she has proceeded to assert
her legitimate rights as first alternate pe.rsonal representative
of her mother's Estate and devisee of a life estate in her
mother's residence.
WHEREFORE, Respondent respectfully requests that the
Petition of Richard Michael Baltimore to Declare Yerminated the
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of her residuary estute,
4. 1 am aware that the term "remalnder interest" refers to any interest in the
property which exists in addition to the Ilfe estate interest which was granted to my
sister,
5. I am also aware that under the Fifth paragraph of the Will, my mother
directed that all the residue and remainder of her estate be provided in equal shares
to each of her five children, Julian 0, Baltimore, Robert L, Baltimore, Ronald M,
Baltimore, Janet B, Nocho, and R. Michael Baltimoro, I am one of those listed
children.
6, I further understand that the estate of my mother is composed entirely,.if
not it nearly entirely of the real property described above and of any personal property
which was still possessed by my mother at the time of her death,
7. Knowing a1l of the above, it is hereby my intention, and I now declare that
I relinquish any and all interest, present or future, residual or otherwise, in the
residence located at 36 East Locust Street (Avenue), Carlisle, Cumberland CountYI
Pennsylvania, I further direct that the relinquished interest be distributed to my
brother, R. Michael Baltimore, currently rosiding at 36 East Locust Street (Avenue),
Carlisle, Cumberland County, Pennsylvania. In expressing this direction, it is my hope
and desire that the home not be sold but that rather my brother, R. Michael
Baltimore, IIssume fee simple and general ownership of the residence and that he be
able to continue residing there, However, it is further my intention even if it became
necessary to se1l the residence I IIny interest which I would have and the proceeds of
any Buch sale be distributed to R. Michllol Baltimore,
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IN THE COURT QIi' OOMMON PLEAS O~'
CUMBERLAND COUNTY, ' PENNSYLVANIA
IN RE:
MILDRED P. BALTIMORE
Deceased, Late of the
Borough of Carlisle,
Cumberland Oounty, Pennsylvania
.
.
: ORPHANS' COURT DIVISION
: NO. 21.94-838
OER'.I'JFICATE OF SERVIC~
I, Jennifer L, Ooyle, hereby certlfy that a copy of the Voluntary Relinquishment
of Estate Interest, executed by Ronald M. Baltimore, in the above captioned matter
was served upon Janet B, Nocho's attorneYI Wayne F, Shade, Esq., by personal service,
on May 6, 1996, to the following address:
WayneF. Shade, Esq.
58 W, Pomfret Street
Carlisle, PA 17013
I hereby verifY that the statements made in the foregoing 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.
Dated: 5 /t.P /q UJ
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prinoiple plaoe of residenoe and pay /ill real estate taxes,
utili ty expenses and reasonable maintenance expenses and
insuranoe premiums. Upon the death of my said daughter or
upon her oeasing to utilize the property as her personal
residenoe or ceasing to pay the aforesaid expenses, I order
and direot that the remainder interest in said real estate be
sold and distributed as part of my residuary Estate.
R. Miohael Baltimore, her son, was named in Mildred
Baltimore's Will as the second alternate personal representative.
In addition to an interest in the residue of the estate, Michael
has resided in mother's home exclusively, since December 1994.
Julian O. Baltimore and Ronald M. Baltimore, the remaining two
sons, both have an interest in the residue of the estate.
Three Dons, Julian, Ronald, and Robert have exeouted Voluntary
Relinquishment of Estate Interest Documents, which are filed in
this case. Ronald and Robert also testified at the hearing. Eaoh
brother, in executing a Relinquishment, expressed a deolaration
relinquishing any olaim, present, future, residual or otherwise to
the residence located at 36 East Looust Avenue, Carlisle,
Pennsylvania.
Each further expressed an intention that his
interest in the residence be distributed to R. Michael Baltimore,
with the expressed desire that Miohael be able to reside in the
home and to gain fee simple ownership of the property.
Finally, within the three Relinquishments, each of the three
brothers observed that, to the best of their knowledge, Janet Nooho
had not resided in the mother's residence since the mother's death.
Consequently, with respect to the property at 36 East Locust
Avenue, Carlisle, Pennsylvania, the true parties at interest are
Janet Nooho, who claims to have a continuing ability to occupy the
2
..
.
.... .
residenoe, and R. Miohael Baltimore, who has a four-fifths
remainder interest in the propsrty and has oooupied the property
for eighteen months. This Memorandum is filed on behalf of R.
Michael Baltimore.
FACTUAL BACKGROUND I
While on her deathbed, Mildred Baltimore expressed the desire
that R. Michael Baltimore be able to reside in hsr home. This fact
was aoknowledged even by Janet Nocho during her testimony. This is
relevant since the law regarding interpretation of wills quite
clearly specifies that effectuating the intent of the decedent is
of primary importance.!
At the time of his mother's death, R. Michael Baltimore was
inoarcerated. However, a furlough was arranged, so that he could
attend his mother's funeral. Both Michael and Janet testified that
at this time and at other times while Mr. Baltimore was
incarcerated and while he attended Gaudenzia out-patient treatment,
the two discussed the plan for Michael to move into the home,
oonsistent with their mother's intentions and it was the intention
at that time that Janet would also move in.
At the time, Janet resided next door, at 34 East Locust
Avenue, in a home which she owns outright, except for a mortgage
she recently took out. She testified she has never attempted to
sell or rent her home, which would have overcome any financial
obstacles she claims have prevented her from moving next door.
IIlThe pole star in the construction of any will is the
intention of the testator." La Roea v. McVicker, IB5 pa.Super. 95,
137 A.2d 861, 863 (1958).
3
.
..,. .
While Janet underwent medical problems in the summer of 1994,
she testified that from April through July, the first four months
after her mother's death, she was in good health and was employed
full time. She did not reside in the 36 East Locust Avenue
location during these four months.
In August and September, Janet underwent surgery which kept
her off work for approximately three months. During this time, she
filed a Protection from Abuse Petition against Robert and Julian.
On Octob9r 7, 1994, Robert consented to an Order that he be
excluded from the 34 and 36 East Locust Avenue addresses and from
Janet's employment (confirming her. employment at this time). This
Order was entered "without admission by Defendant Robert L.
Baltimore of any of the allegations of the Petition." Robert's
testimony at the Estate hearing was that he accompanied his brother
Julian, to visit Janet, and that when Julian made a threatening
remark to Janet, Robert removed Julian from the room. Robert
denied that he ever harmed or threatened his sister. However,
because Robert had no objection to remaining away from the 34 and
36 East Locust Avenue addresses, he consented to the Order. A
Protection from Abuse Order was also entered against JUlian,
following a hearing.
Obviously, as of October 1994, Janet claimed to have a
possessory interest in the 36 East Locust Avenue residence, as
evidenced by her petition to exclude her brothers from this
residence aml the 34 addreBs.
Janet testified that she was able to return to full-time work
4
."
.... ."
by October 1994.
From October 7, 1994 until. Deoember 1994, no one resided in
the home. Janet failed to move into the residence during this
time, although she was physically and financially capable, as a
full-time employee, who lived next door to ths residence.
From December 1994 to the present, Michael has r.esided at the
home alone. While he testified that Janet was free to move in, she
never did so. In fact, both Michael and Janet testif ied that
during the several conversations they had at the prison and at
Gaudenzia half-way house, it was intended that Janet would move in
with Michael. Janet agreed thnt Michael has not said or done
anything to prevent her from moving into the home. For whatever
reason, she has never done so.
For twenty-one of the past twenty-four months, there has been
no impediment to Janet Nocho residing in the 36 address. The only
period in which an impediment existed is when she was off work or
hospitalized during three summer months in 1994. In fact, every
financial incentive existed for Janet to move into the home, since
this would have allowed her to rent out her own home at 34 East
Locust Avenue. Until recently, there was no mortgage existing on
her own home. The 36 East Locust P.venue address also has no
mortgage.
Janet testified that Michael was invo1vsd in drugs and loud
noise making since his occupancy of the 36 address, dating from
December 1994. These assertions present nothing better than an
attempt to take advantage of Mr. Baltimore's past problems, from
5
...... .
.... .
whioh he has fully recovered. Michael Varner, with the Cumberland
County Probation Office, testified that Mr. Baltimore was under his
supervision until only two months ago and that he regarded Mr.
Baltimore as a tr.ue auccess story. Mr. Baltimore was subjected to
regular drug screenings from Mr. Varner and from hiB Gaudenzia
oounselor, with no positive results. Many of these screenings were
random.
Entered into evidence was documentation demonstrating that Mr.
Baltimore waR required to undergo a drug screening as recently as
this past March, in order to qualify for permanent employment with
Carlisle Tire and Rubber. The negative result here brought about
Mr. Baltimore's full time permanent employment. Mr. Baltimore had
only a few daYB notice before having to take this test; not enough
time to have cleared any traces of drugs from his system.
With a work echedu1e requiring Mr. Baltimore to be on the job
five days a week, beginning at 5: 00 a.m., and with a recent
transition from temporary to permanent employment, it is simply not
credible to assert that Michael was engaged in loud, late night
noise and drug activity. Janet and Mr. Varner testified that she
never reported any prob1eme to Mr. Varner and Janet acknowledged
that she never had oocasion to call the police. Michael testified
that he does not even own or possess any type of sound system. If
anything, these alleged problems would have given Janet all the
more incentive to take action to occupy the home and/or to remove
Michael. Instead, she has sat on her hands for two years.
Janet testified that it was not until February 1996 that she
6
...., ...
- .
asked Miohael to move out of the residenoe voluntarily. Up to this
date, she never attempted to do anything. until recently, she
never even Ilerved him with a notice to begin the traditional
landlord/tenant eviction process, which landlords initLate at
District Justice offices all the time, without the need to hire
counsel.
Perhaps most significant, with respect to Janet's actions, is
her acknowledgement that a meeting occurred between herself, James
Flower, Esq., and Miohae1 in July 1994. Mr. Flower stated, and
Janet, Michael, and Robert (the Executor) all acknowledged that
Janet was free to move into the 36 East Locust Avenue address. She
never did so. Nothing within the Probate Estates and Fiduciaries
Code prevented her from moving into the home.
JANET NOCHO'S INTEREST IN THE RESIDENCE WAS A PRIVILEGE TO OCCUPY,
WHICH SHE HAS FORFEITED BY HER FAILURE TO MEET rHE CONDITIONS OF
THIS PRIVILEGE I
Counsel has already provided the Court with oitation to
Baldesberqer v. Baldesberger, 378 Pa. 113, 105 A.2d 713 (1954), a
case which is very instructive under the present circumstances.2
In Ba1desberqer, father provided in his will that the real property
he owned was "to be kept as a home for such of my children as may
remain single, and upon the death of said children remaining
unmarried, or upon the marriage of all of my said children for whom
said house is kept," he left the remainder to his youngest son.
~, at 115. Our Supreme Court determined that this bequest did
2Baldesberqer was cited with approval as recently as 1990, in
Estate of Peaoock, 914 F.2d 230, 232 (11th Cir. 1990).
7
- .
-
not constitute a life estate but rather, "merely an incorporeal
right or privilege... to occupy the property as a home, nothing
more." !fL., at 117. This privilege could be lost by failure to
meet the conditions. The Court found it appropriate to consider
the intentions of the testator, which was not to create a
possibility that the home might remain vacant for many yearsl
it is inconceivable that the testator intended to give her, or
any of his children who remained single, a freehold estate
which could defeat (and, if defendant's position is sustained,
would in the present case defeat l his express purposa in
providing that the property should be kept as a home, that
being clearly his only reason for deferring plaintiff's
(remainderman's] accession to the ownership.
l4..., at 118.
In arriving at the conclusion that a mere privilege existed,
and that this privilege waB fo!"feited, the Court reviewed with
approval numerous prior decisions of tne Supreme Court, under which
life interests provided for by will or deed, were determined to
have oreated only a pd.vilege to occupy, terminable upon failure to
meet the conditions connected with the privilege. The types of
conveyances, and the limits imposed in these other cases were as
follows: "A grant :l.n fee but with a reservation to the grantor's
father and mother during their lives of the posBession of the land
'as a home or residence for them'" was held not to have created
more than a privilege to occupy. "A devise of a plantation but
with a provision that the testator's son, John, should have the
privilege of living on the place during his life, it was held that
this gave John, not an estate, but a license." "A devise to the
testator's wife of any part of his dwelling house which she might
8
-..
-
desire to occupy during her life, for her use and the use of their
two daughters so long as they remained unmarried, it was held that
the daughters had merely a right of occupancy which ceased with
the.tr mother" s death. II "1'. direction by the testator that hill
sister should have the right to retain the use of a house as a
family residence as long as she might wish to do so, it was htlld
that the sister took merely a personal license or privilege to
occupy the house and not a life estate."
The standard set forth in Ba1desberqer has been reaffirmed and
expanded upon in numerous subsequent cases. That standard is the
enunciates that the conveyance of a privilege to occupy, with
conditions attached, does not constitute a life estate, and the
privilege is forfeited, or abandoned, upon failure to meet, or to
continue to meet the oonditions.
In Sinnott's Estate, 53 Pa.Super. 383 (1912), the Court held
that a bequest to wife, to occupy a residence for the term of her
life, if she so desire, did not constitute a life estate.
In .Spencer Estate, 30 D. &C. 2d 68 (Chester 1962), the will
provision in question read as follows I "I give, devise and
bequeath unto Bertha Fulton the premises known all #118 West
Evergreen Street, West Grove, Pennsylvania, for and during her life
or so long as she may desire to live in the same, whichever may be
the shorter period, upon the condition that she shall pay all the
expenses of maintaining and insuring said premises, the land taxes
and other taxes and assessments thereon which may accrue or become
payable during her life...." Id., at 69. The Court determined
9
.....:.'. II"
-,.
that Bertha did not have a life estate but merely a privilege to
oooupy.
Similarly, in ~abonick Estate, 40 D.&C.2d 375 (Northumberland
1965), no life estate was found to exist. Here, the will provided
as follows I
I give, devise and bequeath all the rest, reside and
remainder of my pr.operty, whether real, personal or mixed,
unto my five (5) ohildren.... providsd, however, that the
real estate shall not be sold until the youngest of my five
ohildren reaohes the age of twenty-one years. It is further
provided that those ohi1dren living in the property are to be
responsible for the upkeep, including ordinary repairs and the
fire insurance on the property, and also the taxes on the
property. My son, Robert Kabonick, shall have the right to
live in the said home during his lifetime, or as long as he
desires to live there, and to use the household furniture and
equipment as therein tlontalned. Provided that while he is
living there alone, he shall pay the taxes on the property as
well as the upkeep, repair, fire insurance, and keeping the
property in the same state of repair as at present.
IfL., at 376-7.
Robert acknowledged that he had moved out of the home for one
month. Allegations were also made that he faUed to pay aome of
the expenses and that he failed to properly maintain the home. The
Court concluded I
We are of the opinion that the interest given to Robert
Kabonick in testator's will was merely that of a privilege to
ocoupy the property as a home on oondition of paying taxes,
insurance and keeping it in repair. Therefore, it was a right
or privilege that could be abandoned, and the facts presented
in this case establish that it was in fact abandoned by Robert
Kaboniok through his failure to pay all the insurance, and all
the taxes [although he paid some of these amounts] and keep
the real estate in a proper state of repair.
!fL., at 380.
In Davis Estate, 22 D.&C.2d 755 (Montgomery 1960), the
testator "granted to Rita Miriam Purcell, ... the right to oooupy
10
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his farm at Birchrunvi1le for life and subject to certain
conditions." Those conditions included the requirement that she
pay the costs of maintenance, upkeep, and oharges and assessments,
Elnd that she maintain the property. Illi.., at 757-8. The Court
found this interest to constitute "a mere license to occupy upon
such person and not an estate." Therefore the license was
surrendered by her ceasing to occupy the real estate.
Consistent with repeated holdings of Pennsylvania Courts, this
Court should hold that Janet Nocho possessed merely a privilege to
oooupy her mother's residence and that upon having failed to do so
for two years, and upon having failed to pay the utility expenses,
as required under the will, she has forfeited this privilege.
ROBERT BALTIMORE SHOULD CONTINUE AS EXECUTOR.
Robert Baltimore is named as the Executor under his mother's
Will. He testified that he was prepared to exercise his duties as
Executor and would not object to the Court imposing a deadline for
him to begin this process. Robert's renunciation in favor of Janet
and Michael oou1d be recognized but all parties have agreed that it
would be difficult for Michael and Janet to act as co-Executors
(although Michael has expressed a willingness to do so). Robert
and his brothers testified that none of the siblings, other than
Janet ever complained about ths slow administration of the estate.
Even Janet, while filing a Petition to Disqualify Robert as the
Exeoutor in September 1994, took no action on this Petition for
eighteen months. There is no basis in the record for asserting
that Robert ever agreed to renunciate his role solely in favor of
11
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of her resldulll'Y sstate,
4, I am aware that the term "rsmainder intsrest" refers to any interest In the
property which exists in addition to the life estate intersst which was granted to my
sister,
5. I am also aware that under the Fifth paragraph of the Will, my mother
directsd thut all the residue and remaindor of hor ostate be provided in equal shares
to each of her live children, Julian 0, Bnltimore, Robert L. Baltimore, Ronald M.
Baltimore, Janet B. Nocho, und R. Michael Baltimore, I am one of those listed
children,
6, I further understand that the estate of my mother is composed entirely, If
not it nearly entirely of the real property described ubove und of any personul property
which was still possessed by my mothe[' at the time of her death,
7. Knowing all of the above, it is hereby my intention, and I now declare thut
relinquish any and all interest, present or future, resldunl or otherwise, in the
residence loc:ated at 36 Eust Loeust Street (Avenue), Carlisle, Cumberland County,
Pennsylvania. I further direct that the relinquished interest be distributed to my
brother, R. Michuel Bnltimore, currently residing at 36 East Locust Street (Avenue),
Curllsle, Cllmberlund County, Pennsylvuniu. In expressing this direction, it is my hope
und desire thut the home not be sold but thut ruther my brothel', R. Michnel
Bnltimore, assume fee simple and genernl ownership of the l'Osidence und that he be
able to continue residing thers. However, it is further my intontion even if it becams
necesslll'y to soli the residence, any interest which I would have and the proceeds of
uny such snle he distributed to R. Michael Baltimore,
c
of her residuary estats.
4. I am awars that the term "remainder intersst" refers to llIlY interest in the
property which sxists in addition to the life sstats interest which was granted to my
sister.
5. I am ulso aware that under the Fifth paragraph of the Will, my mother
dJrected that all the residue and remainder of her ostate be provided in squul shares
to euch of her fiVll children, Julian O. Baltimore, Robert L. Baltimore, Honuld M.
Baltimore, Janet B. Nocho, and R. Michael Bultimore. I am ene of those listed
children.
G. I fUl'Lher undol'stand that the estate of my mother is comp06ed entirely, if
not it nearly enLiroly of the real property described above und of any per60nal property
whieh wus still pllsiiessed by my motl1er at the time of her death.
7. Knowing all of the above, it is hereby my intention, and I now declare that
I relinquish any und ull interest, present or future, residual or otherwise, in the
residence located at :313 East Locust Street (Avenue), Carlislo, Cumberland County,
Pennsylvania. I further direct that the relinquished interest be distributed to my
bl'other, R. Nlichael Baltimore, currently residJng at 313 East Locust Street (Avenue),
Carllsle, Cnmberll\l1d County, Pennsylvania. In expressing this directiol1, it ia my hope
lIncl dosire thut the home not be sold but tl1at rather my brother, R. Michael
Baltimore, ussume fee simple und general ownership of the residence and that he be
tlble to continue residing there. However, it is f\U'ther my intention even if it becams
noces8ury to sell tho residence, any interest which I would have und the proceeds of
uny such sule be distributed to R. Michael Bultimore.
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IN REI
MILDRED P. BALTIMORE,
Deoeased,
Late of the Borough of
. Carlisle, Cumberland County
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 21-94-833 ORPHANS' COURT
I
I ORPHANS' COURT DIVISION
IN REI PETITION TO TERMINATE LIFE ESTATE
AHP. PETITION TO DISOUALIFY EXECUTOR
BEFORE SHEELY. P.J.
OPINION AND ORDER OF COURT
This matter pits the several Baltimore br.others against their
lone sister, Janet Nooho, in a dispute over their mother's
estate. Mildred P. Baltimore (Decedent) died on April 17, 1994.
Her will, executed January 21, 1991, provided in pertinent partl
THIRD. I give devise and bequeath my
personal residence at 36 East Locust Street,
Carlisle, Cumberland County, Pennsylvania,
unto my daughter, JANET B. NOCHO, for so long
as she shall continue to utilize it as her
principal plaoe of residence and pay all real
estate taxes, utility expenses and reasonable
maintenanoe expenses and insurance premiums.
Upon the death of my said daughter or upon
her oeasing to utilize the property as her
prinoipal residence or csasing to pay the
aforesaid expenses, I order and direct that
the remainder interest in said real estate be
sold and distributed as part of my residuary
Estate.
FIFT~. All the rest, residue and remainder
of my Estate, real, personal and mixed,
whatsoever and wheresoever situate, I give,
devise and bequeath unto suoh of my ohildren,
JULIAN O. BALTIMORE, ROBERT L. BALTIMORE,
RONALD M. BALTIMORE, JANET B. NOCHO and R.
MICHAEL BALTIMORE, absolutely and in fee
simple, in equal shares. If any of my
aforesaid ohildren should fail to survive me,
then and in that event, I give, devise and
bequeath his or her share unto such of my
.said children who shall survive me,
absolutely and in fee simple, in equal
shares.
.
NO. 21-94-833 ORPHANS' COURT DIVISION
LASTLY. I nominate, constitute and appoint
my son, ROBERT L. BALTIMORE, to be the
Executor of this my Last will and Testament,
but if, for any reason, he should fail to
qualify as such Executor or cease so to
serve, then and in that event, I nominate,
constitute and ~ppoint my daughter, JANET B.
NOCHO, and my son, R. MICHAEL BALTIMORE, as
successive alternate personal representatives
hereof, all to serve without bond.
On September 27, 1994, Janet Nocho filed a petition to
disqualify Robert Baltimore as executor, and a rule to show cause
was issued on Robert Baltimore. In lieu of an answer, Robert
Baltimore offered to renounce his duties as executor. In that
regard, on October 13, 1994, Robert Baltimore filed a
renunciation in favor of R. Micha~l Ba1tinlore and Janet Nocho ae
co-executors. Nocho was not satisfied with such a renunciation,
preferring that it be in favor of Janet Nocho only. Thereafter,
couneel for Nooho attempted to obtain the rsnunciation of R.
Michael Baltimore, to no avail. When nothing further occurred,
Janet Nocho filed a renewed petition to disqualify Robert
Baltimore as executor on February 16, 1996. On Maroh 22, 1996,
R. Michael Baltimore filed an answer to the petition to
disqualify and a petition to terminate the life estate given to
Janet Nacho in her mother's will. On April 8, 1996, Janet Nocho
filed an answer to the petition to terminate her life estate. We
held a hearing on both petitions on May 6, 1996.
First, we will consider the petition to remove Robert
Baltimore as executor. with regard to such petitions, the
Superior Court has statedl
2
0:.'
NO. 21-94-833 ORPHANS' COURT DIVISION
The removAl of a fiduoiary is a drastio
aotion whioh should only be taken when the
estate is endangered and intervention is
neoessary to protect the property of the
estate. Partioularly drastio is the removal
of the [executor] chosen by the testator,
sinoe [his] appointment represents an
expression of trust and confidence in [him].
Estate of Wolanqovic~, 339 Pa.Super. 452, 4SS-4S6, 489 A.2d 248,
249 (198S). The controlling statute statesl
53182. Ground. for removal
The court ~hall have exclusive power to
remove a personal representative when hel
(1) is wasting or mismanaging the
estate, or is likely to become insolvent, or
has failed to perform any duty imposed by
law; or
(2) Deleted.
(3) has become incapacitated to
discharge the duties of his offioe because of
sickness or physical or mental incapaoity and
his incapacity iB likely to continue to the
injury of tho estate; or
(4) has removed from the Commonwealth or
has ceased to have a known place of residenoe
therein, without finishing such security or
additional security as the court shall
direct; or
(S) when, for any other reason, the
interests of the estate are likely to be
jeopardized by his oontinuanoe in offioe.
20 Pa.C.S.A. S3182.
No testimony or evidence at the May 6 hearing supports
removal of Robert Baltimore under parts (1), (3) and (4) of
seotion 3182. Therefore, we will proceed under part (S), the
oatoh-all provision. The hearing testimony indicated that sinoe
the death of Mildred P. Baltimore, no action has been taken to
move this estate along except for the instant petitions.
However, the testimony also indioated that in 1994, Robert
3
.
NO. 21-94-833 ORPHANS' COURT DIVISION
Baltimore attempted to renounce his appointment in favor of Janet
Nooho and R. Michael Baltimore, but that such a renunciation was
not aooeptable to Janet Nocho. Thereafter, communioations among
the children as to the executor duties stalled. At the hearing
in this matter, in order to resolve the impasse, Robert Baltimore
indicated that he was ready, willing Bnd able to proceed with the
administration of his mother's estate.
In the usual case, we would certainly strongly consider
removing an executor who has taken so little action to move an
estate forward. However, we recognize that this is a family
dispute based in no small part on problems unrelated to the
administration of the instant estate. Consequently, because of
the problems with the attempted renunciations and Robert
Baltimore's willingness to prcceed as executor, we believe that
Robert Baltimore, as directed in the will, is best suited to
administer his mother's estate. Therefore, the petition to
remove Robert Baltimore as executor will be denied.
Next, we will consider the potition to terminate the life
estate in the property at 36 East Locust street given to Janet
Nocho in her mother's will. In Bum, the will gives the property
to Janet Nocho for life so long as she pays all taxes and
utilities and uses it as her personal residence. Furthermore, in
the event that Janet Nocho does not take possession of the house,
it is supposed to be sold and any profits from the sale to pass
into the residue of the estate.
4
NO. 21-94-833 ORPHANS' COURT DIVISION
With regard to the property, Janet Nocho testified that
aftar her mother's death Robert Baltimore took oontrol of the
house, locked her out, and allowed one of the brothers to move
in. She stated further that she asked her brothers to v&cate the
premises and they refused. Janet Nocho stated finally that she
agreed to allow her brother, R. Michael, to move into the
property when he got out of prison.
R. Michael Baltimore, the current occupant of 36 East Locust
Street, testified that when he got out of prison he discuss~d
living arrangements with his sister, and that Janet Nocho has
made no attempt to move into the property. Although he indicated
that he has paid some of the bills of the house, R. Michael
Baltimore oonoeded that Janet Nocho pays the water bill, sewer
bill, all taxes, and that all utilities are in her nams.
Based on the testimony presented at the heari:lg, we see no
reason to terminate Janet Nocho's life estate in 36 East Locust
Street. While it is true that Janet Nocho has not taken physical
possession of the residence, she has paid almost all of the
upkeep. She has not moved in simply because she has doubts about
her relationship with her brothers, especially R. Michael and
whether he has controlled hie drug addiction.1 Because of the
lR. Michael Baltimore testified at the hearing that he
formerly had a drug problem but is now clean. His testimony was
bolstered by a negative drug test result from his employer and
the testimony of his probation and parole officer, Michael
Varner, who stated that R. Michael Baltimore passed all drug
tests during his probation, and has done very well since leaving
prison.
5
NO. 21-94~833 ORPHANS' COURT DIVISION
friction in this family, we think that it is reasonable that
Janet Nooho has not yet taken possession of 36 East Looust
Street. Therefore, the petition to terminate the life estate
will be denied.
Based on the foregoing, we will enter the following order
this M St.y ORDER
AND NOW, of June, 1996, Janet Nocho's petition
to remove Robert Baltimore as executor of the estate of Mildred
P. Baltimore is DENIED. Robert Baltimore is direoted to
immediately proceed with administration of this estate.
Furthermore, the petition of R. Michael Baltimore to terminate
the life estate given to Janet Nooho in her mother's will is
DENIED. Janet Nocho is directed to take possession of 36 East
Loous'!: Street, Carlisle, Cumberland County, as soon as pouible.
By the Court,
/s/ Harold E. Sheely
Harold E. Sheely, P.J.
Samuel W. Milkes, Esquire
Wayne F. Shade, Esquire
lsld
'6
,IN RE I ESTATE OF MILDRED P. I
BALTIMORE, Late of the I
Borough of. Carlisle, I
Cumberland County, I
Pennsylvania I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-94-833
IN REI EXCEPTIONS OF RICHARD MICHAEL BALTIMORE
TO ORDER OF JUNE 21. 1996
BEFORE SHEELY, J.. BAYLEY. J., HESS, J.
This matter is before this Court on Riohard Michael
Baltimore's Exceptions to Order of June 21, 1996. We held
argument on this matter on August 14, 1996.
FACTS
Mildred P. Baltimore died on April 17, 1994. The relevant
portions of her will, which was executed on January 21, 1991,
provides as follows I
THIRD. I give devise and bequeath my personal
residence at 36 East Locust Street, Carlisle,
Cumberland County, Pennsylvania, unto my daughter,
JANET B. NOCHO, for so long as she shall continue to
utilize it as her principal place of rssidence and pay
all real estate taxes, utility expenses and reasonable
maintenance expenses and insurance premiums. Upon the
death of my said daughter or upon her oeasing to
utilize the property as her prinoipal residence or
oeasing to pay the aforesaid expenses, I order and
direct that the remainder interest in said real estate
be sold and distributed as part of my residuary Estate.
. . .
FIFTH. All the rest, residue and remainder of my
Estate, real, personal and mixed, whatsoever and
wheresoever situate, I give, devise and bequeath unto
such of my children, JULIAN O. BALTIMORE, ROBERT L.
BALTIMORE, RONALD M. BALTIMORE, JANET B. NOCHO and R.
MICHAEL BALTIMORE, absolutely and in fee simple, in
equal shares. If any of my aforesaid children should
fail to survive me, then and in that event, I give,
devise and bequeath his or her share unto such of my
said children who shall survive me, absolutely and in
fee simple, in equal shares.
. . .
NO. 21-94-833 ORPHANS' COURT DIVISION
LASTLY. I nominate, oonstitute and appoint my son,
ROBERT L. BALTIMORE, to be the Exeoutor of this my Last
Will and Testament, but if, for any reason, he should
fail to qualify as such Executor or cease so to serve,
then and in that event, I nominate, constitute and
appoint my daughter, JANET B. NOCHO, and my eon, R.
MICHAEL BALTIMORE, as successive alternate personal
representatives hereof, all to serve without bond.
On September 27, 1994, Janet P. Nocho petitioned this Court to
disqualify Robert L. Baltimore as Executor of his mother's
estate. A Rule to Show Cause was issued on September 27, 1994 to
Robert. Subsequently, on October 21, 1994, the parties
negotiated the issue and Robert filed a renunciation in favor of
both Janet and Richard Michael Baltimore. Janet was not
satisfied with this outcome and filed another Petition For
Disqualification of Executor on February 9, 1996. Another Rule
to Show Cause was issued upon Robert on February 16, 1996.
On March 22, 1996, Richard filed an Answer to Janet's
Petition For Disqualification of Executor and a Petition to
Declare Terminated the Life Interest of Janet B. Nocho.
Thereafter, on April 3, 1996, Janet filed an Answer to the
Petition to Declare Terminated her Life Interest. This Court
held a hearing on both petitions on May 6, 1996 and issued an
Order denying Janet's Petition to Remove Robert Baltimore as
Exeautor and Robert Miohae1 Baltimore's Petition to Terminate the
Life Estate Given to Janet and directing that Janet take
possession of the property as soon as possible. On July 1, 1996,
Richard Michael Baltimore filed Exceptions to the Order of June
21, 1996. SUbsequently, Janet Nocho petitioned this Court to
2
NO. 21-94-833 ORPHANS' COURT DIVISION
require Richard Michael Baltimore to deposit with the
Prothonotary, on the first day of each month, retroaotively to
July 1, 1996, the sum of $475.00 per month to secure his appeal
from an award of possession to Petitioner. We held a hearing on
this Petition on August 9, 1996.
DISCUSSION
Petitioner Richard Miohael Baltimore raises four exoeptions.
First, Petitioners allege that the opinion fails to recognize the
limited nature of the interest of Janet Nooho under the will and
fails to hold that her privilege has expired. Secondly,
Petitioners aver that this Court failed to adequately attempt to
identify the intent of the decedent who intended that Petitioner
be allowed to remain in the home. Thirdly, Petitioners allege a
failure to address the fact that there has been no impediment to
Janet residing in the property. Finally, Petitioners allege that
the order fails to address Janet's acknowledgement that she was
free to move into the property.l
Petitioner Richard Michael Baltimore alleges that Janet
Nooho's interest in the residence was a privilege to occupy, and
not a life estate, which she has forfeited by her failure to meet
the condition of this privilege. Although this Court believes
that the June 21, 1996 Opinion adequately addresses this issue,
1 Pursuant to Local Rule 310-7, issues raised, but not
briefed, shall be deemed abandoned. Thus, exceptions number two
and four will not be addressed in this opinion.
3
NO. 21-94-833 ORPHANS' COURT DIVISION
we will provide more insight into our analysis.
This Court does not find persuasive Petitioner's reliance on
Baldeaberqer v. Ba1desQerQer, 378 Pa. 113, 105 A.2d 713 (1954),
which examined the following devise in a willI "At the death of
my wife, I direct the residue of my farm .
. .
to be kept as a
home for such of my children as may remain single
II
. . . .
lfL. at
116, 105 A.2d at 713. Upon the death of the remaining unmarried
children, or upon marriage of all of the children, the property
wtts to pass to Walter Ba1desberger in fee si.mp1e. Id. A
declaratory judgment was instituted to determine the rights of
Walter and his sister Carrie, who remained unmarried and left the
family home to purchase her own. Id.
The court held that the language "be kept as a home" was
merely the grant of an inoorporeal right or privilege to ocoupy
the property aB a home and did not create a life estate. Id. at
117,105 A.2d at 714. The oourt l'easoned that it was
inconceiveable that the testator intended to give any of his
children a freehold estate which could defeat his purpose in
providing a home. Providing the unmarried children with a home
was the only reason for deferring Walter's accession to fee
simple ownership. Id. at 118, 105 A.2d at 715.
This Court does not believe that Ba1desberqer is analogous
to the present case because Mildred Baltimore's will indicates a
present intent to convey the property directly to Janet and does
not speak to providing a home for other family members. The will
4
NO. 21-94-833 ORPHANS' COURT DIVISION
provides that .1anet Nocho shall have the residence "for so long
as she shall continue to utilize it as her principal place of
residence and pay all real estate taxes, utility expenses and
reasonable maintenance expenses and insurance premiums." Upon
Janet's death or her failure to pay the expenses, the real estate
is to be sold. This instrument conveys a life estate conditioned
on Janet's payment of the expenses, not an incorporeal right to
occupy the home.
As we have addressed in our last opinion, Janet's failure to
take possession of the residence and begin exercising her
interest is due to R. Michael Baltimore's continued presence in
the household. Janet has not forfeited her life interest in the
property. It is incomprehensible to this COULt how Petitioner
can even make an argument that Janet has forfeited her life
estate when he has been the sole obstruction preventing her from
taking possession. As if that injustice is not enough, Richard
Michael Baltimore occupies the home, and thus, deprives Janet of
her life estate, while Janet continues to pay the real estate
taxes, insurance, and maintenanoe expenses. Riohard Michael
Baltimore exceptions to Order of Juno 21, 1996 are deniod.2
2 This decision moots Janet Nocho's Petition for Security
beoause in the absence of a supersedeas, the Order of June 21,
1996 remains in effect. According to the Rules of Judicial
Procedure:
Unless a Bupersedeas is entered no appeal from an order
ooncerning the validity of a will or other instrument
or the right to the possession of or to administer any
real or personal property shall suspend the powers or
prejudice the acts of the appointive judicial officer,
5
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IN THE COURT OF COMMON PLEAS OF
CUHBERl,AND COUNTY, PENNSYLVANIA
IN REI
MILDRED P. BALTIMORE
Deoeased, Late of the
Borough of Carlisle,
Cumberland County, Pennsylvania
ORPHANS' COURT DIVISION
NO. 21-94-833
EXCEPTIONS OF RICHARD MICHAEL BALTIMORE TO
ORDER OF JUNE 21, 1996
COMES NOW, Richard M. Baltimore, by his attorney, Samuel W.
Milkss, Jacobsen & Milkes, and files the following Exceptions to
that portion of the Court's Order of June 21, 1996 which denied the
Petition of Richard Michael Baltimore to declare terminated the
life interest of Janet B. Nocho, to the decedent's home, located at
36 East Locust Avenue, Carlisle, Pennsylvania.
1. This case involves the April 17, 1994 death of
Mildred P. Baltimore, and implementation of her will.
2. Pursuant to the third paragraph of the decedent's
Last Will and Testament, Janet B. Nacho, daughter of the decedent,
is devised and bequeathed a lifetime privilege to occupy the
decedent's personal residence, located at 36 East Locust Street,
Carlisle, Pennsylvania,
for long as she shall continue to utilize it as her personal
place of residence and pay all real estate taxes, utility
expenses and reasonable maintenance expenses and insurance
premiums. Upon the death of my said daughter or upon her
ceasing to utilize the property as her personal residence or
ceasing to pay the aforesaid expenses, I order and direot that
the remainder interest in said real estate be sold and
distributer! as part of my r.esiduary Estate.
3. Richard M. Baltimore is the son of the deceased, and
under her last will and Testament, he stands to inherit a one-fifth
interest in the residue and remainder of the decedent's estate,
which inoludes a one-fifth interest in the decedent's home.
4. Three sons, Julian, Ronald, and Robert have executed
Voluntary Relinquishment of Estate Interest Documents, which are
filed in this case. Ronald and Robert also testified at the
hearing. Each brother, in executing a Relinquishment, expressed a
declaration relinquishing any claim, present, future, residual or
otherwise to the residence located at 36 East Locust Avenue,
Carlisle, Pennsylvania. Each further expressed an intention that
his interest in the residence be distributed to R. Michael
Baltimore, with the expressed desire that Michael be able to reside
in the home and to gain fee simple ownership of the property.
Finally, within the three Relinquishments, each of the three
brothers observed that, to the best of their knowledge, Janet Nocho
had not resided in the mother's residence since the mother's death.
Consequently, with respect to the property at 36 East Locust
Avenue, Carlisle, Pennsylvania, the true parties at interest are
Janet Nocho, who claims to have a continuing ability to occupy the
residence, and R. Michael Baltimore, who has resi.ded continuously
at the home since December 1994 and who, given that there were five
children, has a four-fifths remainder interest in the
property.
S. Since the death of Mildred P. Baltimore, Janet B.
Nocho failed to utilize the property as her personal residence.
She has not resided in the home, from her mother's death, to the
present date.
2
6. Since the Death of Mildred P. Baltimore, Janet B.
Nocho has failed to pay the enumerated expenses oonnected with the
decedent's property.
7. Since December 1994, Richard M. Baltimore has resided
in the home located at 36 East Locust Street, Carlisle,
Pennsylvania, and has paid some of the enumerated expenses.
8. until January 1996, Janet B. Nocho had taken no steps
to attempt to remove Richard M. Baltimore from the home. She took
steps to evict at this time in retaliation against Richard M.
Baltimore, because he began to complain about her removal of items
of personal property from the 36 East Locust Avenue address.
9. The Order of the Honorable Harold E. Sheely, denying
the Petition of Richard Michael Baltimore to declare tflrminated the
life interest of Janet Nocho is in error for the following reasons:
a. The Order and opinion fail to recognize the
limited nature of the interest of Janet Nocho under the will. She
received only a privilege to occupy the premises, conditioned upon
various requirements, including the requirement that she actually
reside in the home, \~hich she has not done for over two years, and
conditioned upon payment of the utilities, which she has likewise
not done. Accordingly, her privilege has expired under the terms
of the Will. Baldesberqer v. Ba1desberQer, 378 Pa. 113, 105 A.2d
713 (1954), Sinnott's Estate, 53 Pa.Super. 383 (1912), Spencer
Estat~, 30 D.&C.2d 68 (Chester 1962), Kabonick Estate, 40 D.&C.2d
375 (Northumberland 1965), and Davis Estate, 22 D.&C.2d 755
(Montgomery 1960).
3
b. 'rhe Order and Opinh"m fail adequately to attempt
to identify the intent of the decedent; who intended that her son,
the Petitioner, be allowed to remain in the home. "The pole star
in the construotion of any will is t.he intention of the testator."
La Rosa v. McVicker, 185 Pa.Super. 95, 137 A.2d 861, 863 (1958).
c. The Order and Opi.nion fail to address the fact
that for twentYMone of the past twenty-four months leading up to
the hearing, there has been no impediment to Janet Nocho residing
in the 36 East Locust Avenue address.
d. The Order and Opinion fail adequately to address
Janet Nocho' s acknowledgement that a meeting occurred between
herself, James Flower, Esq., and Michael in July 1994. Mr. Flower
stated, and Janet, Michael, and Robert (the Executor) all
acknowledged that Janet was free to move into the 36 East Locust.
Avenue address; she never did so.
Nothing within the Probate
Estates and Fiduciaries Code prevents her from occupying the home.
WHEREFORE, Richard M. Baltimore requests of this Honorable
Court that it set aside that portion of the June 21, 1996 Order of
Judge Sheely which denied Richard Michael Baltimore's Petition, and
that the Court instead determine that the privilege of .Janet Nooho
to occupy the residence is terminated.
Respec;Du~~ ~ubllllt~.e/9-r/
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BY: Samuel W;'"Milkes,
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN REI
MILDRED P. BALTIMORE
Deoealed, Late of the
Dorough of Ca~liA1o,
Cumberland County, Pennsylvania
I
I
I ORPHANS' COURT DIVISION
I NO. 21-94-833
I
BRIE' IN SUPPORT OF EXCEPTIONS OF RICHARD MICHAEL BALTIMORE TO
ORDER OF JUNE 21, 1996
RJ.ohard M. Baltimore, by his attorney, Samuel W. Milkes,
Jacobsen & MUkeB, and files tJ.mely ExceptJ.ons to that portion of
the Court's Ordor of June 21, 1996 which denied the Petition of
Riohard MJ.chael Baltimore to declare terminated the life interest
of Janet B. Nacho, to the decedent's home, located at 36 East
Looust Avanuo, Carlisle, Pennsylvania.
In support of these
Exceptions, Mr. Baltimore asserts as follows.
RBLATIONSHIP OF THE PARTIES I
Mildr.ed P. Baltimore resided at 36 East Looust Avenue until
the time of her death on April 17, 1994. Five children survived
her.
Robert L. Baltimore, her son, was named in Mildred Baltimore's
Will as the Executor. He, along with eaoh of his four siblings,
also iA a reoipient of a one-fifth interest in the residue of the
estate.
Janet B. Nocho, her daughter, was named in Mildred Baltimore's
Will as the first alternate personal representative. She also was
gJ.ven /I privilege t.o live in Ms. Baltimore's home, under the
following conditions I
.. .for so long as she shall continue to utilize it as her
principle place of residence and pay all real estate taxes,
utility expenses and reasonable maintenance expenses and
insurance premiums. Upon the death of my said daughter or
upon her ceasing to utilize the property as her personal
residence or ceasing to pay the aforesaid expenses, I order
and direct that the remainder interest in said real estate be
sold and distributed as part of my residuary Estate.
R. Michael Baltimore, her son, was named in Mildred
Baltimore's Will as the second alternate personal representative.
In addition to an interest in the residue of the estate, Michael
has resided in mother's home exclusively, since December 1994 and
continuing through the present time.
Julian o. Baltimore and Ronald M. Baltimore, the remaining two
sons, both have an interest in the residue of the estate.
Three sons, Julian, Ronald, and Robert have executed Voluntary
Relinquishment of Estate Interest Documents, which are filed in
this case. Ronald and Robert also testified at the hearing. Eaoh
brother, in executing a Relinquishment, expressed a declaration
relinquishing any claim, present, future, resJdua1 or otherwise to
the residence located at 36 East Locust Avenue, Carlisle,
Pennsylvania.
Each further expressed an intention that his
interest in the residence be distributed to R. Michael Baltimore,
with the expressed desire that Michael be able to reside in the
home and to gain fee simple ownership of the property.
Finally, within the three Relinquishments, each of the three
brothers observed that, Janet Nocho had not resided in thFl mother's
residence since the mother's death. Ms. Nocho also conceded this
point at the hearing.
Consequently, with respect to the property at 36 East Locust
Avenue, Carlisle, Pennsylvania, the true parties at interest are
,
, .
\
,
Janet Nouho, who claims to have a continuing ability to occupy the
residence, and R. Michael Baltimore, who has a four-fifths
remaindor interest In the property and has occupied the property
for twenty months.
Miohael Baltimore.
This Memorandum is filed on behalf of R.
FACTUAL BACKGROUND I
While on her deathbed, Mildred Baltimore expressed the desire
that H. IHohae1 Baltimor.e be able to reside in her home. This fact
was acknowledged even by Janet Nocho during her testimony. This is
rolevant since the law regarding interpretation of wills quite
clearly specifies that effectuating the intent of the decedent is
of primary importance. 1
At the time of his mother's death, R. Michael Baltimore was
inoarcerated. However, a furlough was arranged, so that he could
attend his mother's funeral. Both Michael and Janet testified that
at t.his time and at other times while Mr. Baltimore was
incarcerated and while he attended Gaudenzia out-patient treatment,
the two disoussed the plan for Michael to move into the home,
consistent with their mother's intentions and it was the intention
at that time that Janet would also move in.
At the time, Janet resided next door, at 34 East Locust
Avenue, in a home which she owns outright, exoept for a mortgage
she recently took out. She testified she has never attempted to
sell or rent her home, whioh would have overcome any financial
obstacles she claims have prevented her from moving next door.
1" The pole star in the construction of any will is the
intC'lltion of the testator." La Rosa v. McViCker, 185 Pa.Super. 95,
137 A.2d 861, 863 (1958).
While Janet underwent medical problems in the summer of 1994,
she testified that from April through July of 1994, the first four
months after her mother's death, ~he was in good health and was
employed full time.
She did not reside in the 36 East Locust
Avenue location during these four months.
In August and September, Janet underwent surgery which kept
her off work for approximately three months. During this time, she
filed a Protection from Abuse Petition against Robert and Julian.
On October 7, 1994, Robert consented to an Order that he be
excluded from the 34 and 36 East Locust Avenue addresses and from
Janet's employment (confirming her employment at this time). This
Order was entered "without admission by Defendant Robert L.
Baltimore of any of the allegations of the Petition." 2 A
Protection from Abuse Order was also entered against Julian,
following a hearing.
Obviously, as of October 1994, Janet claimed to have a
possessory interest in the 36 East Locust Avenue residence, as
evidenced by her. Protection from Abuse Petition to exclude her
brothers from this residence and the 34 address.
Janet testified that she was able to return to full-time work
by Ootober 1994.
From October 7, 1994 until December 1994, no one resided in
the home. Janet failed to move into the residence during this
2 Robert's testimony at the Estate hearing was that he
accompanied his brother Julian, to visit Janet, and that when
Julian made a threatening remark to Janet, Robert removed Julian
from the room. Robert denied that he ever harmed or threatened his
sister. However, because Robert had no objection to remaining away
from the 34 and 36 East Locust Avenue addresses, he consented to
the Order.
time, although she was physically and financially oapable, as a
full-time employee, who lived next door to the residence.
From Deoember 1994 to the present, Miohael has resided at the
homa alone. \qhile he testified that ,Tallet was free to move in, she
never did so. In faot, both Miohael and Janet telltified that
during the several conversations they had at. the prison and at
Gaudenzia half-way house, it was intended that Janet would move in
with Miohael. Janet agreed in her testimony that Michael has not
said or done anything to prevent her from moving into the home.
For whatever reason, she has never done so.
For twenty-one of the twenty-four months leading to the time
of the hearing, there has been no impediment to Janet Nocho
residing in the 36 addresD. The only period in whioh an impediment
existed is when she waB off work or hospitalized during three
summer months in 1994; a time when Michael was still incarcerated.
In fact, every financial incentive existed for Janet to move into
the home, since this would have allowed her to rent out her own
home at 34 East Locust Avenue. Until reoently, there waB no
mortgage existing on her own home. The 36 East Locust Avenue
address also has no mortgage.
Janet testified that Michael was involved in drugs and loud
noise making since his occupancy of the 36 address, dating from
December 1994. These assertions present nothing better than an
attempt to take advantage of Mr. Baltimore's past problems, from
which he has fully recovered. Michael Varner, with the Cumberland
County Probation Office, testified that Mr. Baltimore was under his
supervision until only two months ago and that he regarded Mr.
Baltimore as a true suocess story. Mr. Baltimore was subjeoted to
regular drug soreenings from Mr. Varner and from his Gaudenzia
counselor, with no positive results. Many of these screenings were
random.
Entered into evidence was documentation demonstrating that Mr.
Baltimore was required to undergo a drug screening as recently as
this past March, in order to qualify for permanent employment with
Ca.r1is~.e Tire and Rubber. The negative result here brought about
Mr. Baltimore's fulltime permanent employment. Mr. Balt.imore had
only a few days notice before having to take this test, not enough
time to have cleared any traces of drugs from his system.
with a work schedule requiring Mr. Baltimore to be on the job
five days a week, beginning at 5 I 00 a.m., and with a recent
transition from temporary to permanent employment, it is simply not
credible to assert that Michael was engaged in loud, late night
noise and drug activity.
Janet and Mr. Varner testified that she never reported any
problems to Mr. Varner and Janet acknowledged that she never had
oocasion to call the police. Michael testified that he does not
even own or possesI'! any type of sound system. If anything, these
alleged problems would have given Janet all the more incentive to
take action to occupy the home and/or to remove Michael. Instead,
she has sat on her hands for two years.
Janet testified that it was not until February 1996 that she
asked Michael to move out of the residence voluntarily. Up to this
date, she never attempted to do anything. Until recently, she
never even served him with a notice to begin the traditional
landlord/tenant eviction process, which landlords initiate at
District Justice offices all the time, without the need to hire
counsel.
Perhaps most significant, with respect to Janet's actions, is
her aoknowledgement that a meeting oocurred between herself, James
Flower, Jr., Esq., and Michael in July 1994. Mr. Flower stated,
and Janet, Michael, and Robert (the Exeoutor) all acknowledged that
Janet was free to move into the 36 East Locust Avenue address. She
never did so. Nothing within the Probate Estates and Fiduciaries
Code prevented her from moving into the home.
JANET NOCHO'S INTEREST IN THE RESIDENCE WAS A PRIVILEGE TO OCCUPY,
WHICH SHE HAS FORFEITED BY HER FAILURE TO MEET THE CONDITIONS OF
THIS PRIVILEGE:
Counsel has already provided the Court wi.th citation to
Baldesberger v. Ba1desberqer, 378 Pa. 113, 105 A.2d 713 (1954), a
case which is very instructive undor the present circumstances.'
In ~aldesberqer, father provided in his will that the real property
he owned was "to be kept as a home for such of my children as may
remain single, and upon the death of said children remaining
unmarried, or upon the marriage of all of my said children for whom
said hOIl se is kept," he left the remainder to his youngest son.
Id., at 115. Our Supreme Court determined that this bequest did
not constitute a life estate but rather, "merely an incorporeal
right or privilege... to occupy the property as a home, nothing
more. " Id., at 117. This privilege could be lost by failure to
meet the conditione. The Court found it appropriate to consider
'Baldesberqer was cited wi.th approval as recently as 1990, in
Estate of Peacock, 914 F.2d 230, 232 (11th Cir. 1990).
the intentions of the testator, which was not to create a
possibility that the home might remain vacant for many yearsl
it is inconceivable that tho testator intended to give her, or I':
any of his children who remained single, a freehold estate
which could defeat (and, if defendant's position is sustained,
would in the present case defeat) his express purpose in
providing that the property should be kept as a home, that
being clearly hie only reason for deferring plaintiff's
[remainderman's] accession to the ownership.
Id., at 118.
In ar.riving at the conclusion that a mere privilege existed,
and that this privilege was forfeited, the Court reviewed with
approval numerous prior decisions of the Supreme Court, under which
life interests provided for by will or deed, were determined to
have created only a privilege to occupy, terminable upon failure to
meet the conditions connected with the privilege. The types of
conveyances, and the limits imposed in these other cases were as
follows: "A grant in fee but with a reservation to the grantor's
father and mother during their lives of the possession of the land
, as a home or residence for them'" was held not to have created
more than a priv.i.1ege to occupy. "A devise of a plantation but
with a provision that the testator's son, John, should have the
privilege of living on the place duriug his life, it was held that
this gave John, not an eBtate, but a license." "A devise to the
testator's wife of any part of his dwelling house which she might
desire to occupy during her life, for her use and the use of their
two daughters so long as they remained unmarried, it was held that
the daughters had merely a right of occupancy which ceased with
their mother's death."
"A direction by the testator that his
sister should have the right to retain the use of a house as a
family residence as long as she might wish to do so, it was held
that the sister took merely a personal license or privilege to
occupy the house and not a life estate. II
The standard set forth in Baldesberqer has been reaffirmed and
expanded upon in numerous subsequent cases. That standard is the
enunciates that the conveyance of a privilege to OOOIlPy, with
conditions atta~hed, does not constitute a life estate, and the
privilege is forfeited, or abandoned, upon failure to meet, or to
continue to meet the conditions.
In Sinnott's Estate, 53 Pa.Super. 383 (1912), the Court held
that a bequest to wi.fe, to occupy a residence for the term of her
life, if she so desire, did not constitute a life estate.
In ~pencer Estate, 30 D.&C.2d 68 (Cheater 1962), the will
I
provision in question read as follows:
"I give, devise and
bequeath unto Bertha Fulton the premises known liS #118 West
Evergreen Street, West Grove, Pennsylvania, for and during her life
or so long as she may desire to live in the same, whichever may be
the shorter period, upon the condition that she shall pay all the
expenses of maintaining and insuring said premises, the land taxes
and other taxes and assessments thereon which may accrue or become
payable during her life...." Id., at 69. The Court determined
that Bertha did not have a life estate but merely a privilege to
occupy.
Similarly, in Kabonick Estate, 40 D.&C.2d 375 (Northumberland
1965), no life estate was found to exist. Here, the will provided
as follows I
I give, devise and bequeath all the rest, reside and
remainder of my property, whether real, personal or mixed,
,
unto my five (5) children.... Provided, however, that the
real estate shall not be sold until the youngest of my five
children reaches the age of twenty-one years. It is further
provided that those children living in the property are to be
responsible for the upkeep, including ordinary repairs and the
fire insurance on the property, and also the taxee on the
property. My Bon, Robert Kabonick, shall have the right to
live in the said home during his lifetime, or as long as he
desires to live there, and to use the household furniture and
equipment as therein contained. Provided that while he is
living there alone, he shall pay the taxes on the property as
well as the upkeep, repair, fire insurance, and keeping the
pr.operty in the same state of repair as at present.
Id., at 376-7.
Robert Kabonick acknowledged that he had moved out of the home
for one month. Allegations were also Inade that he failed to pay
.om. of the expenses and that he failed to properly maintain the
home. The Court concluded:
We are of the opinion that the interest given to Robert
Kabonick in testator's will was merely that of a privilege to
occupy the property as a home on condition of paying taxes,
insurance and keeping it in repair. Therefore, it was a right
or privilege that could be abandoned, and the facts presented I"
in this case establish that it was in fact abandoned by Robert
Kabonick through his failure to pay all the insurance, and all
the taxes [although he paid some of these amounts] and keep
the real estate in a proper state of repair.
!fL., at 380.
In Davis Estate, 22 D.&C.2d 755 (Montgomery 1960), the
testator "granted to Rlta Miriam Purcell, .. .the right to occupy
his farm at Birchrunville for life and subject to certain
conditions." Those conditions included the requirement that she
pay th~ costs of maintenance, upkeep, and charges and assessments,
and that she maintain the property. ld., at 757-8. The Court
found this interest to constitute "a mere license to occupy upon
such person and not an estate."
Therefore the license was
surrendered by her ceasing to occupy the real estate.
WAYN!! P. SHAlll!
Altomey II lAw
SlWUIl'OO\(rttSlI'C'(1
Carl/lIlc, PCMlylvanl.
1101l
Respondent was a tenant in the property at 36 East Locust Avenue,
carlisle, Cumberland County, Pennsylvania 17013.
6.
Although it has always been the position of Petitioner that
Respondent has been nothing more than a gratuitous licensee in
the property, we brought eviction proceedings under the Landlord
and Tenant Act in accordance with the suggestion of counsel for
Respondent.
7 .
After a hearing on April 2, 1996, District Justice Correal
dismissed the eviction proceedings without prejudice with the
suggestion that the proper forum for the eviction proceedings was
the Court of Common Pleas in view of the questions concerning
title to the premises.
8.
On June 21, 1996, your Honorable Court in the person of
Harold E. Sheely, P.J., entered a comprehensive Opinion and Order
herein on all of the then pending issues concerning
administration of the Estate of Mildred P. Baltimore.
9 .
Said Orner denied Petitioner's request to have her appointed
as Executrix of her mother's Estate as first alternate Executrix
under the Last Will and Testament, but it awarded possession of
36 East Locust Avenue, Carlisle, Cumberland County, Pennsylvania
17013, to Petitioner and directed her to take possession as soon
as possible.
-3-
W^'INII F. SIl^1l11
Momty '11~w
Sl Wut II(llllrrct SU((I
CIIUlk.I'CM\ylvlIlla
1101l
16.
In view of the suggsstions of counsel for Respondent that
Respondent is a tenant in the subject premises and is appealing
an award of possession, Petitioner requests that Respondent be
required to deposit rents commencing July 1, 1996, into Court as
security for his appeal from eviction.
17.
In anticipation of renting her residence next door to the
subject premises upon gaining possession of her mother's
residence, Petitioner has determined through the Department of
Housing and Urban Development that the fair rental value of her
home is $475 per month.
18.
Peti tioner's dwelling is a two-bedroom residence.
19.
The property at 36 East Locust Avenue, Carlisle, Cumberland
County, Pennsylvania 17013, is a three-bedroom residence, an
Petitioner avers that the rental value is at least as great as
the value of her adjacent dwelling.
WHEREFORE, Petitioner respectfully requests that your
Honorable Court issue a Rule upon Resvondent to show cause why he
should not be required to deposit with the Prothonotary of
Cumberland County, Pennsylvania, on the first day of each. month
-5-
W^YN8 F. SH^DIl
Momey Ill.....
lIW..ll'rcntltlSIttCl
C&rUllo, PmMyIv..iI
17011
.
retroaotive1y to July 1, 1996, the sum of $475 per month to
seoure. his appeill from an aWard of possession to Petitioner.
Respeotful1y submitted,
. tlhE~
Wayne ~aCle, Esqu ra
Attorney for Petitioner
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FiB-16-199G 10150
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JACOBSeN & MILKES
717 249 8427 P.0~
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JACOBSEN & MILKES
S2 EaSI Hlgh Slrttl
Carllslc, PA 17013.30BS
ToI71724!M427
FM 717 249.8427
Samuel W. M1lke5
Andrcn C. Jacobsen
February 16, 1996
Ohief Steve Margeson
Borough of Carlillle Police Dept.
58 West South Street
OlU'lisle, PA 17018
RE: Richard M. Baltimore and Janet Nacho
Property in question: 36 E. Locust St., Carlisle
HAND DELIVERED
Dear Ohief Margeson:
. . .
I represent Riohard M. Baltimore who currently resides at 86 E. LOOU6t Avenue,
Carlisle, Mr. Baltimore very recently l'ecelved a letter from Attorney Wayne Shade on
behalf of Mr. Baltimore's sister, Janet Nooho, who is administering the Estate of
Mildred P. Baltimore. Mr. Shade has advised my olient that if he does not vacate the
residence, which WM ownod by Ms. Baltimore up to the time of her death, the police
will be contaoted to remove my client from the premises and to charge him with
trespassing.
There is quite a bit of history to this case and dlffElrenoe in legal position.
However, I want to be oertain to advise your department that it is our position Mr.
Baltimore is a tennnt at this property. He has re8ided at this property for more than
the past year, living next door to his sister, Janet Nooho. He has paid the utilities
connected with tltls property, despite the fact that under the mother's will, it was the
sister's obligation to pay these utilities. We don't expect the police to become involved
in resolving this disputs but we do InsiBt that the police not Involve themselves by
attempting to remove Mr. Baltimore or by f11Jng criminal trespass charges against him.
This matter is II civil dispute to be governed by the Landlord/Tenant Act or
proceedings within the Estate of the parties' deceased mother.
I am hond delivering this letter out of concern that the deadline for Mr.
Baltimore to move out WllS stated llll tomorrow, Saturday, February 17, 1996.
Aocordingly, I would ask that you or your designee contact me immediately if you
envision taking action on this should you be contacted over the weekend or anytime
Boon by Mr. Shade or Ms. Nacho. Otherwise, I trust you will agree that this is a
EXHIBIT "A"
WAYNI! Po SIIAIlI!
Allomer III AW
HWttll'omrrtlSlrcC'1
('&rUtle,llcnnlylv.nl.
nun
IN RE:
ESTATE OF MILDRED P. BALTIMORE,:
Deceased, Late of the
Borough of Carlisle, :
Cumberland County, Pennsylvania:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLVANIA
ORPHANS' COURT DIVISION
NO. 21-94-833
BRIEF OF JANET B. NOCHO IN OPPOSITION TO EXCEPTIONS OF
RICHARD MICHAEL BALTIMORE
ST A TEMENT OF THE CASE
Mildred P. Baltimore died on April 17, 1994. Her Last Will
and Testament gave her daughter the right to live in her home for
life so long as her daughter paid the expenses of occupancy and
left the residue of the Estate, including the remainder interest
in the real estate, to her daughter and her four sons in equal
shares. The Will also designated Robert Baltimore as Executor
and Janet Nocho as first alternate p~rsona1 representative.
When the brothers saw that Janet was given a life interest
in the real estate, they were upsst to the point that Janet was
threatened while in the hospital recovering from surgery. As a
result of those threats, Protective Orders were entered against
two of the brothers.
More than five months after the date of death of Mrs.
Baltimore, Robert Baltimore had done nothing to probate the Will.
Therefore, after Janet Nocho was released from the hospital, she
took steps to have Robert Baltimore disqualified as personal
representative. During the combined hearing on that issue and
the allegations of abuse, Robert Baltimore agreed to renounce in
favor of Janet Nocho. However, he violated that agreement when
W^\'NIi F. SII^1l1i
Allomcyat l.aw
tlWnll'lI111frcl Stre(l
{'.,Ullc,I'(nn'y'vanla
171l1.1
he renounced in favor of Janet and another brother, Richard
Michael Baltimore.
It took Janet Nocho m~re than a year after her surgeries to
recover sufficiently, both physically and financially, to snab1e
her to be able to qualify to mortgage her modest home to obtain
the funds necessary to complete administration of her mother's
Estate and pay the anticipatsd inheritance tax due. During that
time, none of the brothers made any effort to come forward to
settle the Estate. Also, during that time, Janet was threatened
and prevented from occupying her mother's residence.
Nevertheless, she acquiesced in the occupancy of the property by
Richard Michael Baltimore as part of his recovery process after
his release from jail for abuse of illegal drugs. Richard
Michael Baltimore admitted that, but for the threats of Robert
Baltimore against Janet Nocho, it had been his general intention
to reside in the real estate with Janet.
When the drug abusing friends of Richard Michael Baltimore
began corning around to the property at all hours of the day and
night and causing disturbances and when Ms. Nocho had gathered
the resources to hire an attorney, she sought to have Richard
Michael Baltimore evicted from the property after he refused to
leave voluntarily. After Ms. Nacho sought the eviction of
Richard Michael Baltimore, her four brothers formalized their
assault on her by the renunciation of the three other brothers of
their residuary interest in the real estate in favor of Richard
Michael and their testimony against Ms. Nocho at the hearing
herein on April 2, 1996.
-2-
W^YNIi 1'. SII^1l1i
^1tcrnty I,IAW
SlWtlll'omrrclSlml
Cullllc,I'cM1ylvltll.
I1nl.l
During all of the time since the death of Mildred P.
Baltimore, Janet Nooho has pnid the real estate taxes and
insurance on the real estate. The real estate is the only major
asset of the Estate.
Janet Nocho filed a Petition for the disqualification of
Richard Michael Baltimore as Executor of her mother's estate and
her designation as the sole first alternate personal
representative under her mother's will. She also asked that her
proceedings for. possession of her mother's residence be joined
with the hearing on April 2, 1996. The brothers filed a Croes-
Petition seeking to assert a forfeiture of Janet's life interest
in the real estate due to her alleged failure to occupy it and
pay the expenses with respect to it.
After the hearing before Judge Sheely upon all of the issues
presented, an opinion and Order wer.e entered on June 21, 1996.
Ms. Nocho was awarded possession of her mother's residence.
However, her request to have herself designated as personal
representative of her mother's estate was refused. Her brother,
Robert Baltimore, who had previously renounced was designated as
personal representative. Ms. Nocho has accepted the refusal of
her request to be designated as personal representative of her
mother's estate. Richard M~chael has filed exceptions to the
award of possession of the real estate to Ms. Nocho. Those
exceptions are now before your Honorable Court for disposition.
-3-
W^YNI! F. SHAUl!
Allomey It Law
53 WUI Pomrrrt Stlerl
Culble, PC'Mlylv&n11
17013
ARGUMENT
JANET B. NOCHO HAS NOT FORFEITED HER LIFE INTEREST
IN HER MOTHER'S RESIDENCE.
The failure of Ms. Nocho to take possession of the real
estate does not support a forfeiture of her interest under the
facts of this case.
Whatever the nature of the interest specifically devised to
Ms. Nocho, on the death of the owner, specifically devised
interests in real eatate, where the real estate is not in the
possession of an heir or devisee, arB placed under the
administrative control of the personal representative during
administration of the estate. 20 Pa.C.S.A. ~3311.
Robert Ba1ti.more, the primary executor never sought the
issuance of letters testamentary. Therefore, he never possessed
the legal authority to authorize Ms. Nocho or anyone else to
occupy the property. Even in the absence of the threats of her
brothers, Ms. Nocho has never had proper legal authority to take
possession of the real estate or to assert control over it in the
absence of the permission of a properly constituted personal
representative of the Estate.
This absence of the right to assume control over the
property is what distinguishes this case from the decision in
Baldesberger v. Baldesberger, 378 Pa. 113, 105 A2d 713 (1954),
cited by the sons of Mrs. Baltimore. Accordingly, she cannot be
held to havo forfeited her inheritance for failure to occupy it
or to pay the utility expenses. Moreover, Ms. Nocho has not
-4-
W^YNIl Po SH^1l1l
Auomey .\ l.aw
53 Wut i'omrrtl SUctl
Cl1'illc, PtMAylvanl.
17013
slept upon her rights. She has paid the real estate taxes and
insurance premiums since her mother's death. In addition, ~s
soon as she became able to do so, she borrowed the money to pay
the inheritance taxes and expenses of. administration of the
Estate. It is only after she has gone to all of this trouble and
expense, which she really cannot afford, that her brothers have
again ganged up on her to bring this last assault upon her clear
and legitimate rights under the Will. until Ms. Nocho instituted
these proceedings, none of the sons had done anything to probate
the Will.
The Will specifically provides that the real estate is only
to be sold upon Ms. Nocho's ceasing to utilize the property or
pay the enumerated expenses. We contend that Ms. Nocho did not
cease to satisfy the conditions of her occupancy. On the
contrary, she never had the opportunity to begin to occupy the
property due to the wrongful conduct of Robert Baltimore, as the
primary executor, in failing to discharge his responsibilities
under the Will and in threatening Ms. Nocho in connection with
her desire to occupy the property.
Robert Baltimore attempted to make the point at the hearing
herein that the Protective Order was a consent order as to him
rather than an adjudication. However, it is revealing that
Robert Baltimore never denied his threats against his sister. It
is clear that his counseled agreement to the Protective Order was
in the face of what would have been an inevitable adjudication of
abuse.
-5-
WAVNI! F. SHAI>1!
Anomey at Law
51WeIlJ'omrl'\'ISlml
c.'arllllc, Pennsylvania
170n
The brothers argue that the requirements in the will that
Ms. Nocho occupy the real estate and pay the expenses indicats an
intention on the part of Mrs. Baltimore to limit the estate that
she gave her daughter. We indicate that the evidence indicates
only that Mrs. Baltimore was assigning responsibility for
occupancy and payment of expenses and that she never intended
that those responsibilities be advanced to effect a forfeiture
where her sons were abusing her daughter.
The evidence at the hearing revealed that the undersigned
knew Mrs. Baltimore and wrote her will. Mrs. Baltimore obviously
knew that she had five children. She also knew how her sons
treated her daughter. She knew that her daughter already owned a
house next door. Nevertheless, she gave her daughter a life
interest in her residence. We submit that it is clear that Mrs.
Baltimore never intended for that life interest to be forfeited
under the facts of this case where it is undenied that her sons
were threatening and otherwise abusing her daughter.
Ms. Nocho borrowed money which she could not afford to
borrow in order to cover ~ounse1 fees, inheritance taxes and
other expenses of administering the estate when no one else was
coming forward to do anything.
This money will now be required to be spent in resisting the
determination of her brothers to beat dead horses while pursuing
Exceptions and Appeals in this case.
We contend that it is clear that Mrs. Baltimore never
intended that her daughter suffer a forfeiture under these
circumstances and that the efforts of the brothers to assert a
-6-
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IN RE:
ESTATE OF MILDRED P. BALTIMORE,:
Deceased, Late of the
Borough of Carlisle, :
Cumberland county, Pennsylvania:
IN THE COURT OF' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21.-94 -8 3 3
ORDER OF COURT
AND NOW, this
day of August, 1996, after hearing,
Respondent RICHARD MICHAEL BALTIMORE shall deposit with the
Prothonotary of cumberland County, Pennsylvania, on the first day
of each month retroactively to July 1, 1996, the sum of $475 per
month to secure his appeal from an award of possession to
"
Petitioner.
The first $475 for the month of July shall be deposited by
August ___, 1996. The second $475 for the month of August shall
be deposited by September ___, 1996. The third $475 for
September and the fourth $475 for October shall both be paid by
October 1, 1996. Thereafter, all further deposits of $475 per
month shall be made by the first day of each month.
Respondent shall bring a~l utility charges for the premises
current by November 1, 1996.
In the event of the failure of Respondent to make any of the
$475 monthly rental deposits as required, Janet B. Nocho shall be
entitled to immediate possession without further Order of Court.
By the Court,
Harold E. Sheely, P.J.
Wayne F. Shade, Esquire
Attorney for Petitioner
Samuel W. Mi1kes, Esquire
Jacobsen & Milkes
Attorneys for Re&pondent
'Pdlhon of
Jjmri NtJUJO
Tor )C'i-J.J( Ily
Cj. F:x/ul)Jls
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distributed as part of her residuary estate,
4. I am aware t.hat the term "remainder interest" refers to any interest in the
preperty which exists in addition to the life eBtate interest which was granted to my
sister,
5. I am a1BO aware that under the fifth pUl'al,'Taph of the Will, my mother
directed that all the residue and remainder of her estate be distributed in equal shares
to each of her five children, Julian O. Baltimore, Robert L, Baltimore, Ronald M.
Baltimore, Janot B, Nocho, and R Michael Baltimore. I am one of those listed
children.
6. I further understand that the estate of my mother is composed sntirely, if
not it nearly entirely of the real property described above and of any personal property
which was still possessed by my mother at the time of her death.
7. Knowing all of the above, it is hereby my intention, and I now therefore
declll1'e that I relinquish any and all interest, present 01' future, residual or otherwise,
in the residence located at 36 East Locust Street (Avenue), Carlisle, Cumberland
County, Pennsylvania, I further direct that the relinquished interest be distributed
to my brother, R. Michael Baltimore, currently residing at 36 East Locust Street
(Avenue), Carlisle, Cumberland County, Pennsylvania. In expressing this direction,
it is my hope and desire that the home not be sold but that rather my brother, R.
Michael Baltimore, aasume fee simple and general ownership of the residence and that
he be able to continue residing there, However, it is further my intention even if it
became necessUl'y to sell the residence, allY interest which I would have Ulld the
proceeds of any such sale be distributed to R. Michael Baltimore.
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IN REI ESTATE OF MILDRED P. I
BALTIMORE, L~te of the I
B~rough of Carlisle, I
Cumberland County, I
Pennsylvania I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-94-833
IN REI EXCEPTIONS OF RICHARD MICHAEL BALTIMORE
IQ ORDER OF JUNE 21, 1996
BEFORE SHEELY. P.J., BAYLEY. J.. HESS.~
AND NOW, this
I~j~
ORDER
day of SEPTEMBER, 1996, after
oareful consideration, Richard Miohael Baltimore's Exceptions to
Order of June 21, 1996 are DENIED. This Court directs Janet
Nocho to take possession of 36 East Locust Street, Carlisle,
Cumberland County, immediately. Furthermore, Richard Michael
Baltimore is ordered to stop frustrating Janet's attempts to take
possession of the property and vacate the premises.
By the
H rold
Court,
~
- ,
-, .-/"
E. Sheely, P.J.
Samuel W. Milkes, Eequire "//1""(.'\ ("'1"/ ,. f( '.ie' 'II,
(', ,,(', ,;/,),'11,
Wayne F. Shade, Esquire ,,~/(I,I,I "~I " .'
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IN REI ESTATE OF MILDRED P.
BALTIMORE, Late of the
Borough of Carlisle,
Cumberland County,
Pennsylvania
IN THE COURT OF COltMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-94-833
IN REI EXCEPTIONS OF RICHARD MICHAEL BALTIMORE
TO ORDER OF JUNE 21. 1996
BEFORE SHEELY. P.J.. BAYLEY. J., HESS. J.
OPINION A~QRDER OF COURT
This matter is before this Court on Riohard Michael
Baltimore's Exceptions to Order of June 21, 1996. We held
argument on this matter on August 14, 1996.
FACTS
Mildred P. Baltimore died on April 17, 1994. The relevAnt
portions of her will, which was exeouted on January 21, 1991,
provides as follows I
THIRD. I give devise and bequeath my personal
residence at 36 East Locust Street, Carlisle,
Cumberland County, Pennsylvania, unto my daughter,
JANET B. NOCHO, for so long as she shall continue to
utilize it as her principal place of residence and pay
all real estate taxes, utility expenses and reasonable
maintenance expenses and insurance premiums. Upon the
death of my said daughter or upon her ceasing to
utilize the property as her principal residence or
ceasing to pay the aforesaid expsnses, I order and
direot that the remainder interest in said real estate
be sold and distributed as part of my residuary Estate.
. . .
FIFTH. All the rest, residue and remainder of my
Estate, real, personal and mixed, whatsoever and
wheresoever situate, I give, devise and bequeath unto
such of my children, JULIAN o. BALTIMORE, ROBERT L.
BALTIMORE, RONALD M. BALTIMORE, JANET B. NOCHO and R.
MICHAEL BALTIMORE, absolutely and in fee simple, in
equal shares. If any of my aforesaid children should
fail to survive me, then and in that event, I give,
devise and bequeath his or her share unto such of my
said children who shall survive me, absolutely and in
fee simple, in equal shares.
NO. 21-94-833 ORPHANS' COURT DIVISION
. . .
LASTLY. I nominate, oonstitute and appoint my son,
ROBERT L. BALTIMORE, to be the Executor of this my Last
Will and Testament, but if, for any reason, he should
fail to qualify as such Executor or cease so to serve,
then and in that event, I nominate, constitute and
appoint my daughter, JANET B. NOCHO, and my son, R.
MICHAEL BALTIMORE, as successive alternate personal
representatives hereof, all to serve without bond.
On September 27, 1994, Janet P. Nocho petitioned this Court to
disqualify Robert L. Baltimore as Exeoutor of his mother's
estate. A Rule to Show Cause was issued on September 27, 1994 to
Robert. Subsequently, on October 21, 1994, the parties
negotiated the issue and Robert filed a renunciation in favor of
both Janet and Richard Michael Baltimore. Janet was not
satisfied with this outcome and filed another Petition For
Disqualification of Executor on February 9, 1996. Another Rule
to Show Cause was issued upon Robert on February 16, 1996.
On March 22, 1996, Richard filed an Answer to Janet's
Petition For Disqualification of Executor and a Petition to
Declare Terminated the Life Interest of Janet B. Nocho.
Thereafter, on April 3, 1996, Janet filed an Answer to the
Petition to Declare Terminated her Life Interest. This Court
held a hearing on both petitions on May 6, 1996 and issued an
Order denying Janet's Petition to Remove Robert Baltimore as
Executor and Robert Miohael Baltimore's Petition to Terminate the
Life Estate Given to Janet and directing that Janet take
possession of the property as soon as possible. On July 1, 1996,
Richard Michael Baltimore filed Exceptions to the Order of June
2
NO. 21-94-833 ORPHANS' COURT DIVISION
21, 1996. Subsequently, Janet Nocho petitioned this Court to
require Richard Michael Baltimore to deposit with the
Prothonotary, on the first day of each month, retroaotively to
July 1, 1996, the sum of $475.00 per month to secure his appeal
from an award of possession to Petitioner. We held a hearing on
this Petition on August 9, 1996.
DISCUSSION
Petitioner Richard Michael Baltimore raises four exceptions.
First, Petitioners allege that the opinion fails to recognize the
limited nature of the interest of Janet Nocho under the will and
fails to hold that her privilege has expired. Secondly,
Petitioners aver that this Court failed to adequately attempt to
identify the intent of the decedent who intended that Petitioner
be allowed to remain in the home. Thirdly, Petitioners allege a
failure to address the fact that the.re has been no impediment. to
Janet residing in the property. Finally, Petitioners allege that
the order fails to address Janet's acknowledgement that she was
free to move into the property.l
Petitioner Richard Michael Baltimore alleges that Janet
Nocho's interest in the residence was a privilege to occupy, and
not a life estate, which she has forfeited by her failure to meet
the condition of this privilege. Although this Court believes
Pursuant to Local Rule 310-7, issues raised, but not
briefed, shall be deemed abandoned. Thus, exceptions number two
and four will not be addressed in this opinion.
3
NO. 21-94-833 ORPHANS' COURT DIVISION
that the June 21, 1996 Opinion adequately addresses this issue,
we will provide more insight into our analysis.
This Court does not find persuasive Petitioner's reliance on
Baldesberqer v. Baldesberqer, 378 Pa. 113, 105 A.2d 713 (1954),
which examined the following devise in a wHII "At the death of
my wife, I direct the residue of my farm .
. .
to be kept as a
home for such of my children as may remain single
"
. . . .
Id. at
116, 105 A.2d at 713. Upon the death of the remaining unmarried
ohildren, or upon marriage of all of the children, the property
was to pass to Walter Baldesberger in fee simple. Id. A
declaratory judgment was instituted to determine the rights of
Walter and his sister Carrie, who remained unmarried and left the
family home to purchase her own. Id.
The court held that the language "be kept as a home" was
merely the grant of an incorporeal right or privilege to occupy
the property as a home and did not create a life estate. Id. at
117, 105 A.2d at 714. The court reasoned that it was
inconceiveab1e that the testator intended to give any of his
children a freehold estate which could defeat his purpose in
providing a home. Providing the unmarried ~hi1dren with a home
was the only reason for deferring Walter's accession to fee
simple ownership. Id. at 118, 105 A.2d at 715.
This Court does not believe that Baldesberqer is analogous
to the present case because Mildred Baltimore's will indicates a
present intent to convey the property direotl~. to Janet and does
4
NO. 21-94-833 ORPHANS' COURT DIVISION
not speak to providing a home for other family members. The will
provides that Janet Nocho shall have the residence "for so long
as she shall oontinue to utilize it as her principal place of
residence and pay all real estate taxes, utility expenses and
reasonable maintenance expenses and insurance premiums." Upon
Janet's death or her failure to pay the expsnses, the real estate
is to be sold. This instrument convsys a life estate oonditioned
on Janet's payment of the expenses, not an incorporeal right to
occupy the home.
As we have addressed in our last opinion, Janet's failure to
take possession of the resldence and begin exercising her
interest is due to R. Michael Baltimore's continued presence in
the household. Janet has not forfeited her life interest in the
property. It is incomprehensible to this Court how Petitioner
can even make an argument that Janet has forfeited her life
estate when he has been the sole obstruction preventing her from
taking possession. As if that injustice is not enough, Richard
Michael Baltimore occupies the home, and thus, deprives Janet of
her life estate, while Janet continues to pay the real estate
taxes, insurance, and maintenance expenses. Richard Michael
Baltimore exceptions to Order of June 21, 1996 are denied.2
2 This decision moots Janet Nocho's Petition for Security
because in the absence of a supersedeas, the Order of June 21,
1996 remains in effect. According to the Rules of Judicial
Procedure I
Unless a supersedeas is entered no appeal from an order
concerning tho validity of a will or other instrument
or the right to the possession of or to administer any
5
INHER~;~~~~/T1x RETURN
RESIDENT DECEDENT
(TO BE FILED IN DUPLICATE
WITH REGISTER OF WILLS)
HV.I.\OO IX. 1700'1
70. II line 1Q It g"a'" ,han Line 18. enler Ihe diHtltnct an Line 20. Thl. II Ihe OVERPAYMENT.
II 0 IIIll!m~IHii'.I.'II""111,II(>1H1I~'IIIIl'''IITi1~'''~,['III.'1'J:IU1l.l.l~lilNil ~..."'\]
21. If LIne 18 it greof.r Ihen line 19, enler ,hit diHerence on line 21. This it 'he TAX DUE.
A. Enler Ih. inllrtlll on the balance due on l1nl'l 21A.
8. Enllr Ihe'alal 01 Line 21 and 21A an line 21B. Thl, I"h. 8ALANCE DUE.
Make Check Payable 101 Reghter of Will.. Agen' _
.:~. '. . >- >- BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND TO RECHECK MATHiI~
Under penelli" of perlury, t declarelhot I nOVI uomlntld rni, "'urn, including accompanYing ICl\eaulel and ualemenll, and 10 th, bl" of my knowledge and b,li.i
it ilfrut, (emed and camplele, I declare lhol all '1101 ttlale hat bllln tllplJrlecf 01 trvI mark" 'Ia/vlt. Dlldorolion of pfllQOr,r olh,r Ihon ,h, plnonol r'pre..ntollv. 1\
bOlld on all informallon of which preparet h ny ~nowledge.
StONA'~' " tl '!fONSI ! 1 'llINVI' t4 O~ Sy
( . (c.X ,.S . H - -' dIe
SIONA vu ~' '~_I~.~ H' UNI.llve oo._us
.~~ . :S:)
:)q I'^' \ ( \ \.U 't-\ ,~ ( ::,
OJ
....
",!l..
:.:~l1
aS~
Futur. Inl.tllt Camptomlll
(lor date. 0/ d.a,h a/ter 12.12.871
o 6. Ole.dlnl Dlld rltto'l 0 7. elCld.nt Moinlained Q Living TrUll
IAflach copy a' Will) IAllach copy 0/ Trulll
ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TOl
NAM ICOM'WI MA,I~INO "OO_IU
Sal1lul'l \v. ~ILl.l,l'S, Esq. JACOBSEN & m LI(I\S
IIU'HONI NVMIU I Co ' .
717 2L.9-6L.27 )2 L. 111gl1 St., CarlislC',
'*
....
~
Iil
u
OJ
"
COMMONWIALTH 0' '!NNlYLVANIA
OllAUMINI 01 Rlv'Nul
om. 11060
HARRIIIURO. 'A 1/ lM601
ION' NAMlllA ,'IU, I'ND MIOOU INI tAli
Balt/mo)"l', ~Ijldl"l'd 1'.
SOCIAL SlCU_IN NUMa.. DAfI 0' OeA, H
193-24-21]5 4/17/94
11' A'''I(.ILIIIU.~I'''INO I1OUU" NAMI (tAU, /lW "'NO lotIOO" INltlAl1
[] I. Original Rolurn
o 4. llmlled E,late
o 2.
040.
.....
"':z:
:!~
""
uo.
z
"
;:
:5
"
~
OJ
0:
1. Real EIlate (Schedule A)
2. $Iack. and 8and, (Schedule 81
1. Claltly Hold SlacklPartne"hip Inle"" ISchedule C)
01, Mcltlgagll and NOIII Receivable lSchedule 0)
5, Calh, Bank Depolil, & Mhcllllonlloul Perlonal ProplHly
ISchedule EI
6. Jolnlly Own.d Property (Schedul. FI
7. Tran,'''' (Schedul. 0) (Sch.duleq
S, TOlal Oroll Allell 110101 Linll 1.71
9. Funeral Expenlll, Admin/urallve COlli, Mllcellaneoul
E,penlO' (Sch.dule HI
10. Oebil. Mortgage Llabillli... lien, ISchedule II
11. Tala I OedUellan, Ilalallln.. 9 & 101
12. Nil Value 01 EUalct (Line a mlnu1 Line 11)
1J. Chorilablo and Go.....rnmenlol Bequeul (Schedule JI
14. Nel Volu. Subject 10 Tax (Llne 12 minUlline lJI
15. Spautal r,an,'e" liar dare, a' dealh alter 6.JO.941
Sit InllruC110nl lor Applicable Porcenl1"l9" on R.verlll
Side. Ilnclud. yalu.. 110m Schedule K 01 Schedule M.I
16, Amounl of Line 101 laxabl. 01 Mil 'are
I'nclude yalu.. 110m Schedulo K or Schedule M.I
17. Amount of Une 14 !oltoble 0115% rale
(Include 'ialulI Irom Schedule K or Schedule M.l
la. Principal tax due (Add 10... from Linos IS, 16 and 17.j
19. Creditl Spoulol Povlrly Credit Prior Paymonl1
+
~
~
'"
~
"
o.
:e
S
~
....
r
lOR DATU O' DUTH AmR 1~i11t9' CHICK HII
IF A SPOUSAL
POYIUY CRIDIT IS CLAIMID 0
IIL1 NUMln
L [
199/,-00S3:l
OA 10' ItllH
[]/7/20
COUNTY CODE
ole OINT' OM'UlI ADO. S
:l6 Eo LoclIst: AVl'lllll'
C,lr1 Is 1,-" I'A ] 70Ll
C"." CUIlIIlC' r 1 !lIld
AMOUNT IUCIIVIO (SU INSUUC1IONSI
NUMBE
YEAR
Suppllmlnlol R.luln
o J. Rlmalnder R.IUtn
(far dOl.. 01 dealh prior 10 l701J.8:
o 5. led"al Ellare To, Rtlurn Required
_ 8. Tala I Number 01 Sale Dep",1I 80m
. ,
',."
.I....",'.,,;
,',;.)'.:..':.,.',,..,.', "
I'A
17013
(1135.000
121 0
(11 0
I J II ')"~'l?
15 I ...,0,...
o
o
16} _
171
(9})3,OI6
1101 l,LdS
181 L,7.,822
111) lL,. 45L,
(l21.:!3 , 368
(Ill 0
(l4J33,.)68
1151
116i 11..1 h 8
1171
Discovn! Inllltell
.
X..._lI 0
x .06 " ..;;"002
x 15 . 0
(181 2,002
(191
1701
o
') 00')
(211~'.'-'
121AI _. /150
'J / Co"
(218) ,~. u{.
. 01\ ,. "'" om
.Lu..L\: '..Ir ~)tLl?I..f) _, ~ ~. ~
, OAfI
/' \ 1'1'\ ..-," 0
"l. \.... ('I .'.k l I "', ')
\"'>1... ,'(.,
,
UVoI10l !X+'111oI11
~~ . SCHEDULE A
COMMONW!ALIH 0' /!NNIYlVANIA I REAL EST A TE j
INH!\"ANC! IA! mURN
ESfAi;il.ooP,=~.JD,:~r,g!51g~~L'='''''''~'=~7'~.'--C ".'="~'=7.7'=-~"="="-"-".'~'=~-=-""..~"'~"Plt7e''N'UM'BIR=7.""'===='o'=.~=~,==
__..m__ ___MJL~!~I~~.J'.._J~~.L1'J~qlil;_d__' d d_ "d.h._.._ __J.9_?_~.~_Q.o.~3}.__._ .. _.
(Prop.,ty lolnlly.own.d with Right 0' Su,vlvonhlp mU'1 b. dllClo..d on Sch.dul. PI All ,.al..,o', .hauld b. repo,l.d at fal, ma,k.t valu.
which I. d.flnld a'lhl prlel at which property would b. ...hong.d bllwlln a willing buyer and a willing ..lIer, n.lther b.lng can'poll.d
t..b~V_ "-,1111, .bo_lh.h_a"!~9-,!!,~..na!lI!.~~.owlo~9!. 0' the ,,11.vanf.fach, .u_ ._'_"_ ___.. .... ..
ITEM
NUMBER
DESCRIPTION
1.
3 6 'i~~'-Locus-t)ivelll;0';h GLlr ffill c, ... PA
- II row home .
17013
VALUE AT DATE
OF DEATH
:fs;6b-6
,.
:' I
.'-
i
I
I
.'i,
."
1'<
"
,
"
. , -
"
'1 I
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I
I
"
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'I!,
I" ,
'I
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, ,
"
..
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I." j
, ",. ..:
"
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".
."
, "
,.
,
,.
I.:
,.-..-- .........-.....-......-.---..--...------.-...---...-- ,-.---.
:-- --.----.-.:.---~__.____..._____".__..__.!OT.~L.I~~...!~~or..~Uno 1, RoCop!,.ulallanl'
, I ' . -. ._ ..
... . (1/ moro 'pnco is noodod, In,or' addilionel,h.." 01 lomo li.o,)
~}5_~9.qn
".",,'" 'I",
,.
\
~-1
BURF.\II OF INDIVIDUAL TAXES
IN!!".: 'ANCE TAK DIYISION
DEPT, ~llOliOl
ItAT 'iSIIRO, PA 11llB-0601
COMMONWEALTH OF PE~NSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT. ALLOWAHCE un DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
07-21-97
BALTIMORE
04-17-94
21 94-0833
CUMBERLAND
101
E~-: ~~.un~~~..~If~~ _ l
MAKE CHECK PAYABLE AND REMIT PAYMENT TOI
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS .....
il i!V: is'i; - eif -f. j: if' (iii-'- 97 T "NOT i c r "OF" INH! ii i TAt. rei i-TAx - iiP' PitA is e ifliNT";" f. i:. roiiiitiei E - iili"" -"..""" - -....."""
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
MILOREO P FILE NO.21 94-0833 ACN 101
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
If an alleBlment was illued previously, linel 14, lS and/or 16, 17 and 18 will
reflect figurel that include the total of ahb return. allelled to date.
ASSESSMENT OF TAXI
IS. A_ounl 01 Lln. 14 .1 Spou..l ..1. (IS)
16. Alounl 01 Lln. 14 t...bl. .1 Lln..l/Cl... A ..1. (16)
17. A_ounl 01 Lln. 14 t...bl. .1 Coll.I...I/Cl... B ..11 (17)
IB, p.lnolpll To. DUI
TAX CREDITS I
PAVHENT
DATE
SAMUEL W MILKES ESQ
JACOBSEN S MILKES
52 E HIGH ST
CARLISLE
PA 17013
ESTATE OF BALTIMORE
TAX RETURN WAS I I X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST . SEE REVERSE
APPRAISED VALUR OF RETURN BASED ONI ORIGINAL RETURN
1, RI.l E.III. ISch.dul. A) II)
2, Slock. .nd Bond. (Soh.dul. B) (2)
3. Clollly Hold Slook/P.dn...hlp Inl"lIl ISohlduh C) (3)
4. Ho.lg.g../Nol.. Rlollv.bl. ISoh.dul. D) (4)
5. C..h/B.nk D.po.II./MI.o, P...onll Prop.rly (Soh.dull E) (5)
6. Jointly Own.d Prop.dy (Soh.duh F I (6)
7. T..n.f... ISoh.dul. 0) (7)
B. Tolll A..II.
APPROVED DEDUCTIONS AND EXEMPTIONS)
9. Funar.l E~p.n.../Adn. Costl/HIIO. Expln... ISchldule H) (9)
10. D.bla/Hodg.g. L1lblllllu/Ll.n. ISoh.dul. I) (10)
11. Tolol Dlduollon.
12. N.I V.lul of T.. R.lu.n
13. Ch..lt.bl./Dovlrn_.nl.l B.quI.I. ISoh.dul. J)
14, Nil V.lul of EII.I. SubJ.ol 10 T..
NOTE I
-
RECEIPT
NUMBER
DISCOUNT ('1
INTEREST/PEN PAID (-)
I ) CHANDED
35,000.00
.00
.00
.00
12.822,00
,00
,00
(B)
13,016,00
1.438,00
(11)
(12)
(13)
(14 I
.00
33,368,00
.00
X .00.
X,06.
X .15.
118)
AMOUNT PAID
tNTEREST IS CHARGEO THROUGH 08-05-97
AT THE RATES APPLICABLE AS OUTLINEO ON THE
REVERSE SIDE OF THIS FORM
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
---
TOTAL DUE
. IF PAID AFTER DATE INDICATED. SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST,
e.
11'.1141 II AI' III.",
MILDRED
P
DATE
07-21"97
NOTE I To insure proper
oredit to your lecount,
lub_11 Ih. upp.. po.llon
of Ihh fo.~ with you,'
h. ply..nl,
47.822.00
14,454.00
33.369.00
.00
33.36l!..:.!Q.
,00
2.002,00
,00
2.002,00
,00
2.002.00
460.37
2.462.37
IF TOTAL DUE IS LESS THAN fl. NO PAYMENT 13 REQUIRED,
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRI. YOU MAV Bf. DUE
A REFUND, SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS,)
\,)1
~:'~I
I
"
I,lel
RESERYATlONI Elt,t.. of d.cldlntl dYing en or baforl D.c..b.r 12, 1982 u If Inv 'utur. Int.r..t In th. ..tlh II trln.f.rnd
In po.....lon or .njoy..nt tn CI... I (oolllt,r.l) b.n.flel.rl.. of th. d.e.d.nt .ft.r the .xplratlon of .nv ..t.t. 'or
11ft or for VI.r., thl Co..onwl.lth h.rlbv IMpr...ly r...rv.. th. right to .ppr.l.. and ...... tran.f.r tnh.rlta~1 r.M..
.t the llwful CI... I (oollat.r.l) rat. on .ny luch futur. Intlr..t,
PUIll'OSE Of
NOTlCE I
PAYNfHI,
REFUND ICRI.
OIJECTIONSl
AOWIH
IlIRAIIVE
CDflRECTlONSI
DISCOUNT.
PEHAllY,
INIEIlEST.
To fulfill th. "qulr...nt. of Stctlon 21liO 0' tht Inherlttnct and E.ht. TIM Act, Act Z1 of 1995. (72 P,S,
S.otlon 9l1tOJ.
D.tach the top portion 0' thl. Noticl and IUbllt with your pay,..nt to th. R.gl,t.r of Will. prlnt.d on th. r.vlr.. .Id.,
""Hokl ehlok or .0nlY order Plyabh to I REGISTER OF HILLS, AOENT
A r.1und of . tlM ortdlt, which wa. not r.quI.t.d on thl TaM Rlturn, .ay bl rlqu..t.d by eo.pl.tlng an "Application
for R.fund of PIMIYl",anl. Inherltancl and Eltlltl TalC" (AEV.1515J. Appllcatlon..rt .v.ll.blt .t th.Offlol
of thl Rlghhr of WIlIt, IInv of the ?o.5 RI"'lnuI Dlltrlct O"leu, ur by oall1ng thl Iplolal Z4"hour
tn,wlrlng .lrvlcl n\l.btrl for for.. ordtrlngl tn Plnnlyl"anlll 1"800..562-2050, outtldo Plnnlylv.nh .nd
within local H."hburg ar18 0171 787.809li, 100' {'In 71Z.ZZSZ (HI.rlnn IIpalt.d Onh),
Any P.tty In Int.r'lt not ,.tl.fltd with th. ~ppr.I...ont, allowancl or dllllll~..anel of d.duotlonl, or .....,..nt
of tllX (lnoludlng dhcount or lnt"..t1 al IhOM" on thlt Hotlel 8U.t obJ.et within Ihlt)' (60) dllV' of r.celPt of
thll Hotlc. bYI
".writt.n prot.lt to th. PA D.p.rt..~t of R.",.nu., Board of App.al., DIPt. Z810?\, ~llrrllburg, PA 17128"1021, DR
-""lloUon to h,vI th. IItt.r d.t".ln.d "t ludlt of th. Mcount of the pltoonlll tlpr".nt.tI"., OR
".appul to thl Orphanl' Cour t.
Flotu.1 ."ort dhoo",tr.d on thlt ....I...nt Ihould bl IIddr....d In writing tal PA D.pert..nt of M''''lnu.,
lurllu nf Indlvldu.1 TIlMIt, ATTHI POlt At......nt R.",I... Unit, nlPt. 210601, Illlrrhburg, PA 11128"0601
Phont (717) 787"6S0S, S'I pag. 5 of the bookl.t "Inltruotlon. for Inh.rltllne. TaM R'turn for. Rllld.nt
Dle.dlnt" (REV"UOlJ for Iln uplonatlon of Ild.lnhtratlvClh eorrtcteblt Itrorl.
If .nv tlX dul I. plld within thrll (.5) elll.ndtr .onth. aftlr thl dletdtnt', duth, a flv. pltclnt (5/:) dltcolM'lt of
the tllM p,ld I. Ill~w.d,
The IS~ tlM lan..ty non"pllrtlclpltlon p.n.ltv II eo~ut.d on the total of th. taM Ilnd Int.r..t ..,....d, Ind not
Plld bl'ort Jllnuarv 18, 1996, thl flrlt dllY .ftlt the .nd 0' thl tllM Illnltty plrlod. Thh non"perUotpatlon
pln.Uy It 8fIPlllabll In the '1111 "Mlr and In thl the .... tl.. period II you would IlPPIIl th. t.1C end Int.rut
thllt hll bltn .......d .. Indle.tld on thlt notle.,
Int"..t II ehllrg.d b.giMlng '11th f1rtt d.v of d.llnquenoy, or nlnt (9) .onth. InlJ on. (1) day fro. the d.t. of
dllth, to tl11 d.tl of Ply..nt. Tu" Nhloh b.c... dtllnquellt blfo" Janulty I, 1982 bur Inttrllt .t thf r.t. of
.he 16X) perc.nt pit InnUll Cllculatad lit . d.lh rlt. of ,OOOI6it. All t.n. which ble... d.Unqutnt on and afttr
JlnUtry 1, 1912 will bltr Inttrltt at Il r.t. which will "'try fro. e.l.ndor Yllr to c.hnd" yllr with that rat.
IM<lUncld by the PA D.p"t..nt of RI",.nUI. The appllctbll Int"..t ratlt for 1912 through 1997 trll
~ Intlirllt Rllt. DailY tntlt..t Factor !!!! Int.rut R.t. Dally Int"ut Flotor
1911 IOl ,000548 1987 9X .0001\1
I9U 16X ,000438 1988-1991 lIX .000301
1m I1X ,000101 1991 9X .0001\1
1915 m .000156 1991-199\ 1X .000191
1986 10~ .000174 1995-1997 9X .000147
....Int"..t It calcul.hd .. follow'l
INTEREST. BALANCE Of TAX UNPAID X NU"BER Of DAYS DELINQUENT X DAILY INTEREST F\CTDR
....Any Notlel I..u.d .fhr thl tlX bloo... d.llnqutnt will rofleet an Interltt o.JculttJon to flftlen US) dlVI
blyond thl d.tt of thl ........nt. If p.yltnt It Illdl ,fter the Inttrut Clo"PUtltlon date .hown on thl
HOtlCII, additional Inttrllt IUlt bl oalcul.tld,
P} DEPAITHENT OF REVFNUE
BUREAU OF CDHPLIANCE
DEPT, 2B09',6
;,..."
~.HARRISBURD. PA 17128-0946
'*
Ht.\ft U." llltll
DOCKET
'i' V - ;''''''')'1
I I) 'n' .',
/I / ~ /'1,\
., '1."&
('I\~d i;'IIH
DATE
fEES
SEE NOTICE ON REVERSE SlOE
COURT OF COMMON PLEAS OF
ClJMIIE:l\l.^NIJ
COUNTY, PINNSYLVANIA
,I'ROPF,R'l'Y LOCNI'lON:
-----...-----..--.
NAME AND ADDRESSI
36 F, WelJS'I'
C^,\LISl.f; P^
^VF,
17013
I~S1'^'I'F, Of' MIWRF,D P B^1,1'IMORE
DNI'E 0 F' DE:N1'II: 4/1"1/94
TO THE P'OlltO~OUltv Of '''10 COI,IA:t1
'~"~ll\t tt III' II"' If IlIf ~.._.~...Ill\ If "ftI\"hl~lI.
III". 11111...1111 V'"I~Ut'. I C"llllu C", If , ~I.~
It .. '/lWU " '1C1f' III Ihr C'~l\l"
CERTIFIED COPY OF LIEN
.
OA'E OF
C~ASS OF TAlC PUIOD A~SE$SMENT ID!lHlrvINO
DEfEClHINATION lA, TOTAL
'AM IOltDIJ!;DATEI Nl.iHIER
011: SETllEHt::NT
I , I , I I
INH/F.S1' 01-18-95 07-21-97 2194 -0833 ;~, 002.00 2,727.42
"
,
,
I'
,
,
,
TOTAU $2,002.00 $2,727.'42
lNTEItEST COHPUTIITION DATE 1-18-95 TO 1-23'.99
r1~ INO FEEIIl 9.00
Tnl uncl,r'l'flld, 'h' SUflte,\! Q' l!:tv,nuI lOr 1111 luthOrlUlI U""UI 0' th. COlulollwultn ADDITIONAL,I"lYfll:U'
0' "I\I'IIV1","'llt, e,rtlflu IlIlt U III I truI Ind corrut ClOPY of Illln ...Intl tl'll unl'
nUleltuPIYlr for linllllel tl., IntlrUl, .e1e1lllonl or Pln.lt Iu tl'l,run e1lil 'ro~ t~CII u.. SETTUMl!lojT TOTAL
"Ylr Inel wl'l loll , IHlr e1ll11lnel for IIIVlIIln, Il'Ilrtcl I rllllllnt unplleI. Tnl I/IIOlin1 01 IliCII un'
pilei t.., Inter,,,, 1cIe1IUonl ~r D,n.IUu It' Illn In flvor 01 tl'l, COllllllonwult1'l 01 PIMt)'lvII'IIl
upon \1'11 t''''Vlr't prOOlrtvl rul. o.non.!, or ootl'l, II tn. ClII ...'v De.
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~~cco.tlAfl.YOF'll:tVE'lIJE pATE
'" """OIl" DE""''' PART 3 . TAXPAYER NOTICE COPY
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STATUS HEPOI{'('
ESTATE OF MIWHED P. BALTIMOHE
boln or UtIIlll" Al'rll 17, 19'),1
IAlllof1l,nr Adlllllll.lntllolll AIIR\I.115. 1!I'J6
IIIVllIIlory olllloh"d
. .;.1010 Fllo No.1. 19'),I.(J()U:13
SIIIIIIII,I W. Milko,. .:.11,
JACOIIS.:N III MII,KI':S
52 .;, III~h SlltlOl
CllrU.lo. ",\ 1701a
. 'Allonl"Y No, aUI;\(l
717.2'19.6<127
11.:1'011'(' O(~C~MI't.~~f)MINISTIIAT(()NI
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UllllhllltiulIOr vorloll' Ih'"I' or I"'nwoolly IIl1d Ihll eOllllll'tlllll,llIg or 1I01'1I1d "IKOI, Tho I'IIYlllolllor IIIKO. wlllnl..lllvolvu
Ihollomllo ",.ulvo wlwlhor III1Y or Ih" \'01110 or Iho IIrolllloltl.111I Itlolo.Mo, olt..I"d III Iho dooodolll', Ivlll. III..d. 10'
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081351060999
ROW621
File No 1994-00833
Decedent BALTIMORE
Cumberland County - Register Of Wills
Pag!!
1
PA File No 2194-00833
MILDRED P
Docket Entries
Date
Filed
5/31/1995
5/31/1995
1 REFER TO ORPHANS' COURT
7/05/1995
2 REV 1548 NOTICE INH TAX APPR JOINT ASSETS
Docket: 15 Book: Pagel 38.00
3 REV 1604 INTERITANCE RECORD ADJUSTMENT JOINTLY HELD
OR TRUST ASSETS 15 38 4 .
1/18/1996
4 ROLL 6 BATCH 584 PAGES 2
8/12/1996
5 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY
OATH OF PERSONAL REPRESENTATIVE
DEATH CERTIFICATE
8/15/1996 6 DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY
3/31/1997 7 INHERITA~CE TAX RETURN TAX DOCKET 15 PAGE 119 LINE 7
7/21/1997 8 REV 1547 NOTH::E INH TAX APPRAISEMENT
TAX DKT 15 PAGE 119 LINE 7
6/19/1998 9 CERTIFICATION OF NOTICE UNDER RULE 5.6(A)
1/11/1999 10 COPY OF LIENS AGAINST THIS ESTATE TO BE FILED FROM THE
DEPT OF REVENUE INH TAX DIV
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her personul pluce of rosidence und puy ull reul estute tuxos, utility expllnsos and
reusonable muintonunce oxponsos und insurunco promiums, Upon tho doath of my
said duughter 01' upon hor cousing to utili~o tho proporty us hor personulrosidonco or
ceusing to pay tho ufol'oHuid oxpensos, I order und direct thut the remainder interest
in said reul llstute he soldund distributodus purt of my residuury Estute.
4. Sinco an Order of Court of June 21, Hlfl6, allowing Janot B. Nacho to
remain at tho rosidol1l:e, beginning ut an uncertain doto and time, she has failed to
utili~o the pl'oporty us hol' personall'esidencll, She has not residod in the home, for a
significant poriod of time, to the present time.
5. It is believod thut Janet Nacho in fact lives ut the following addros&:
c/o Carolyn Wert, 11 Betty Nelson Court, Lot 6, Curlisle, PA 17013.
6. For tho post three yelll's, J unet B. Nacho has failod to pay various
enumerated exponses connoctod with tho decodont's proporty,
7. Recently, a notice wus receivod, indicating that the property would
be placed for sheriff sale, if the delinquent property taxes were not paid.
8. After notice by the estate was mailed to Ms, Nacho (a copy of which is
attached) and aftor her failure to pay these taxes, the estute paid the 1996 and 1997
real estate taxes in order to protect the ownership interests of all decedents, as well
os on asset stilluvailoble to the eHtate to meet expanses, and to save the property
from sheriff sale in Septembor 1999. HJ98 taxes and the current taxes remain due
and owing.
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WHEREFORE, for the above reasons, Robert,Balthnore hereby requests of this
,'Hol1?rable Court that it issue a Rule upon Janet B. Nocho to show cause why the
Court should not declare terminatod the life interest in the home located at 36 East
Looust Street, Carlisle, Pennsylvania.
, ~((~\Dft
Respectfully' submitted,
/~
Samuel . Milkes, Esq.
JACOBSEN & MILKES
62 JTI, High Street
Carlisle, PA 17013
(717) 249.6427
Attorney No. 30130
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... :':";';:i~;a"WJi.$'..".,,~(,.'l....:'.;;..ti'.:N;~~,.I7;,ii~I.WARNINtt'~ '.' ~ '.:,'. ::.':
YOUR PROPERTY IS ABOUT TO, BESOf.o WlniOUli.YOUR 80NSENT FOR DalNQUENT TAXES. .YOUR PROPERTY:' ,",';
~ 'MAY. BE SOLD FOR A SMALtFRACTiONOF.:rrS.F'JR.MARK~VALUE.IF YOU HAVE ANY QUESTIONS'AS TO ,WHAT:
I ' YOU MUST DO IN ORDER TO SAVEYOUR.PROPERTY, PLEASE. CALL YOUR ATI'ORNEY, niE TAX Cl:AlM BURE'AlJ ATI
, THE'FOLLOWING.TElEPHONE NUMBER;:24<Hl366.0R 697-0371. OR 532-7286, OR niECOUNTY l:AWYER REFERRAL .
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OWNER OR REP\JTED OWNER ;":: ~!,;: ~> .'if.~~:T,' ;' :'i);"E APPROXIMAlE UPSErPRtCit!Xr!h~,~: .;:t~:t''Jr:'
.... '. . ".'... ,.', .,. . ..,.:~J;.,,'l"" "!'f,o.RWHICHTHEPROPER1Y,:'~/M;;I11:lr.;:':i<';':I'
BALTIMORE, ROBERT L. & MItDRED.& JANET,B. N CJSHALL BE SOLD IS'.: .... ":.. ;lJM~i':~j~';:'~J':"" r'"
o/c JANETB NaCHO' :: ',~,:"',"":.:!'\:""!"'I" ~: 1 '. .~. r',';:'~:"':<"~~'~_':'
o . "., .:. .'(,~r:ie!:l,,'''4AI~11'';;;'',_~,t' . !\ I . .'- ~ " .,l.1';'i('.7".-:,;(,','J,'J.";:-I.;,, ';,".'
36E LOCUST STREET .:"(')'.". cl.~,~;r".' ij. $155790 ,:,:\,,:""'~"""":':';"':J".I
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:..~:J~:i.i~NOJe'~!l~~~bV:'!"'.T~lAIM;~!'~~W,~I~tor.IM;Ccun%l Cumberland undor lM'Aa'oI'19;47IPJ..:..:l~~~~~ . ~t
,.:t'J~ . lfflCAlI'ViII'~il.\llltiIIQ~...,.1/t'IhO'uourfllolilnrcn'lhe'uollnct1lcOrof ttlO'b/d'CtlMBERI:ANO'COUNtY:COURTltOUSe;C4 ;P. .~
.:.l;j'~;iii:oo~.:;:;;([)o.si):.n' ~~27..;m, <<.n(day Wnich~ aI. moy be odjoumed, lHdjoumod or con1lrlJedforttie p;;;pc:;o~~~~ \;J:
. .:..._~~~~'~' "":thi~idesatbed real &State form Iouttha upsot prke it thfratnDU'l1'hMI("''o/'~iiOt~:,)iIl~IJ l'i i,f~;"
, . \~~'~Oi~tni~.inay"..."iHe ~H.OF 'j;THe.'BuREAu, be sta;,.;J ~!he O\\Mr IMl8Olor.any.1len cMtorollMcWiior~~lli.biri0i8'f\l"~ ~l;.~":
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CUMBERLAND COUNTY TAX CLAIM BUREAU
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
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PHONE 717 240-6366
FAX 717 240-6354
printed: 0/18/99 TAX CLAIM RECEIPT
16:30:48
Control Number: 2-000801
BALTIMORE, ROBERT L,
% JANET B, NOCHO
36 E. LOCUST STREET
CARLISLE PA 17013
& MILDRED
Map No: 02-21-0320-054
Tax
Year Description
1996 CTY-CARLISLE BORO 1
1996 CLB-CARLISLE BORO 1
1996 MUN-CARLISLE BORO 1
1996 SCH-CARLISLE AREA
1997 CTY-CARLISLE BORO 1
1997 CLB-CARLISLE BORO 1
1997 MUN-CARLISLE BORO 1
1997 SCH-CARLISLE AREA
1997 BUREAU COSTS
Face
Receipt No, :
Receipt Date:
Page:
Property Description:
LOT.
HOUSE
Situs
0036
Information:
E LOCUST STREET
CARLISLE BOROUGH
Penalty &
Interest
Costs
16,79 1. 82
2.82 .90
69.56 23.07
269.22 83.48
Received For Year Of 1996
43.24 10.40
2.82 ,66
71 ,44 17,40
269.22 59.24 15,00
72.19
Received For Year Of 1997
Tendered > CHECK
Received By > I,M
Paid By >
Remarks >
JACOBSEN & MILKES ATTY
5720,5365
Receipt Number: J.2'181
Total Received
Balance Due As Of
Clai~.Year: 1998
Claim Balance:
Total Received I
12781
8/19/1999
1
Total
18.61
3.72
92.63
352.70
$467,66
53,64
3.48
88.84
328,46
72.19
$561.61
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LAST WILL AND TESTAMENT
I, M!LDRED P. BALTIMORE, of the Borough of Carlisle, County
of cumberland, Commonwealth of Pennsylvania, being of sound and
disposing mind, memory and understanding, do make, publish and
declare this as and for my Last Will and Testament, hereby
revoking and making void all former wills and codicils by me at
any time heretofore made.
fIRST. I order and direct that all my just debts and funeral
expenses be paid by my personal representative or representatives,
hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. I give and bequeath my Noritake china to my son,
JULIAN O. BALTIMORE, absolutely and in fee simple, if he survives
me.
C5 THIRD. I give, devise and bequeath my personal residence at
36 East Locust Street, Carlisle, Cumberland County, Pennsylvania,
unto my daughter, JANET B. NOCHO, for so long as she shall
continue to utilize it as her principal place of residence and
pay all real estate taxes, utility expenses and reasonable
maintenance e:<penses and insurance premiums. Upon the death of
W IYNB F, SHADB
r\!lornlY" LI.
. ,,,lIlb HIROY., SUte'
,'e, '.an.'tlvlRl. 110U
my said daughter or upon her ceasing to utilize the property as
her principal residence or ceasing to pay the aforesaid expenses,
I order and direct that the remainder interest in said real
estate be sold and distributed as part of my residuary Estate.
FOURTH. For the purposes of this my Last Will and Testament,
a person shall not. be deemed to have survived me unless he or she
W WNE F, SH"'OE
.,uoraey It l.Iw
, n.llh Hnover Sire,'
Ileo 'caa.yln"l. 1701)
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administration and that no part of the taxes shoul~ be pro-rated
or apportioned among the persons or beneficiaries receiving the
taxable property. My personal representative shall have full
power and authority to pay, compromise or settle any such taxes
at anytime whether with respect to present or future interests.
EIGHTj!. Any and all decisions, determinations or actions
made or taken by a personal representative or Trustee hereunder,
if m~de in gOQd faith, shall ~p. final and conclusive on all
persons who are or may become J.nt.ere!Jted in my Estate. No
fiduciary acting under this my Last will and Testament shall be
liable for any error .in judgment or for any depreciatiQn or
reduction in value of any Estate or Trust assets at anytime, in
the absence of willful default.
LASTLY. I nominate, constitute and appoint my son, ROBERT L.
BALTIMORE, to be the Executor of this my Last Will and Testament,
but if, for any reason, he should fail to qualify as such
Executor or cease so to serve, then and in that event, I
nominate, constitute and appoint my daughter, JANET B. NOCHO, and
my son, R. MICHAEL BALTIMORE, as successive alternate personal
representatives hereof. all to serve without bond.
IN WITNESS WHEREOF. I, MILDRED P. BALTIMORE, have hereunto
set my hand and seal to this, my Last Will and Testament which
consists of five (5) typewritten pages to each of which I have
affixed my signature this 21st day of
J anuarv
A.D. One Thousand Nine Hundred Ninety-One (1991).
~.1 0 4...1.,1;:_:"" _ (SEAL)
MI1dred P. Baltimor!l
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cOMMOHWl!ALTH OF PBNNSVLVANIA
DBPARTMBNT OF REVBNUB
.URIAU (IF INDIVIDUAL TAlle.
DEPT ,2BOBOl
HARRISBURG, PA 1712B,lXIOI
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
'*
NO. AA 4 51324 REV.lIe>EX \M4\
-
RRCRIVED FROM:
r
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101
S2,982.17
JACOBG~N & MILKES
~2 ~ HIGH BTR[ET
CARL 1 SL.t., PA 1701J
, fOUl HERE ..
- foul HERE
ESTATE INFORMATION:
FILB NUMBER
21,.1994-0a33
SSN 1 1'/:3"'24-e 115
-
NAME OF DECEDENT (LAST) (FIRST)
BALTIMORE MILDRED P
DATE OF PAVMENT
10/11/f!OOO
POSTMARK DATE
0/00/0000
(1.11)
.a, 9S2. 17
I coumv
CUMDERLAND
TOTAL AMOUNT PAID
;,'
RECEIVED BY (
MARy.L ~.
I CHECK. b163 REGISTER WILLS, I
SEAL ~
,__,__,..._..,'',_..------,-...:.------!EGISTEROFWILLS, ' ,..1: "...1 -'
- --------------- - -~._.. ~~~
DATI OF DEATH
4/1 '7/1994
REMARKS
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PAVlENT I
Dlt.oh the top portion of thh Notice lOCI 'lallt with your Ply"nt .ade plylblt to the 03M end eddr...
prlntwd on thu tev.r.. .ide.
If RESIDENT DECEDENT .... chock or 1<<10, ordor ..,lbl. tOI REDISTER OF WILLS. AGENT.
If NOH'RESIDENT DECEDENT 101<. chock or IOn., ordor ..,lble tOI COl1IlOHWEAL TH OF PENNSVLVANIA.
REFUND (CRll A r.fund of a tlM oredlt, which was not r'qulltld on thl '1M Rtturn, ..y bt reque.ted by cOIpl,tlng an
"Applloltlon for R,fund of Pennlylvlnl. Jnherlt~. and E.tat. TaM" (REV"ISt!), Appl1cltlont Ir. IVIlllblt .t
the OfficI of t~ Rlgl.t,t of Will., any of the 21 R'venue Dlltrlot DffJc~. or 'rot the o.ptrt-.nt'l 24-hour
8nlwerlng ..rvlel OUIbIr. for for.. orderlngl In PtnnlYlvanln 1-800-362-2050, outside Pennlylvanl, and
withIn locll Htrrhburg .r.. (717) 767-8094, Servlol' for tlltpaYlr. with ,peelt1 hlarlng end tpttNdng
netdll 1-800-447-1020 en onlv),
REPLV TOI Question. rlgarding .rror. contained on thll notlc. Ihould bo Iddr'l.od tal PA Dep.rt..nt of Rlv.nu., Bur.au
of Individual 'IM'I, ATTHI POlt A....'..nt Revl'N Unit, DIPt. 280601, H~rrl.bura, PA 17128-0601, phone
17I71 761'6505.
DISCOUNT I
]f any t'M dut I, p~ld within thr.. (31 callndar .onth. Ifter the d.oedent'. death, n five p.rc.nt (SX) dl.oount
of tha taK paid I, al10w.d.
PENAL TV I
The 15% tlM .-nt.tv non~partlolpatlon p.nllty I. coaputed on the total of the taM .nd Int.rDlt .......d, .nd not
paid b.for. J.ou.rv 18, 1996, the flr.t day aft.r the enet of the taK eDnIltV period.
INTEREST I
Int.r..t I. charg.d b.glnnlng with flr.t day of dellnquenoy, or nine (9) Month. .nd one (1) day fr~ the date of
death, to the dlt. of paYlIIRt. TIK.. which bee... ckIl1nquent befor. January 1, 1982 baar Intt,..t at the rlt. of
.he t6X) perc.nt plr 80m.. oalclllet.d at . dallv rate of .000164. All taKI' which baeHt d.lInquent on and aft.r
Jenuary 1, 198Z will bear Intertlt at a rate which will vary frol cal.ndar Yllr tc cdl.netar Yllr with that nte
lnnOUOC.d by the PA Dtpart..nt of Rlvenue. Th. appllcabl. Int.r..t rat.. for 1982 through ZOOO ar.,
V.ar lnterut Rate DailY lnt.rest Factor Vear lnterut Rate DailY Int.r'lt Flctor
1962 ZOX ,000546 1988-1991 IlX .ooom
1965 l6X ,000416 1992 9X ,000241
19~ IlX .000301 199H994 1% .000192
1965 13X ,000356 1995-l998 9X ,000247
1966 lOX ,000274 1999 1% ,000192
1961 9X ,000241 2000 6X ,000219
~~lntlr.,t I, calcul.ted a. follow'l
INTEREST . BALANCE OF TAY. UNPAID X NUHBER OF DAYS DELINQUENT K DAILY INTEREST FACTOR
..Any Hotlce I,.ued .ftar the taM b.eo... dallnquent will rlfl.ot an Int.r..t calculation to flft.ln (15) daYI
beYond tho dat~ of the ........nt. If ply..nt A. lad. Ift.r the Int.r..t cOIPutatlon date shown on the
NoUe., Iddltlonll Inbr..t .u.t be clltulltad.
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In I'e: Estate of MILDRED p, BAUl'IMORID
No. 1994 . 0833
, PA File No,: 2194" 833'
S'I'A'rUS REPOR'I' UNDER RULID 6.12
Name of Decedent: Mildred P. Baltimore
Date of Death: April1?, 1994
" ,
Will No: 1994-0833
Administration No, 21-1994.0833
Pursuant to Rule 0.12 of the Supreme Comt Orphans' Court Rules, 1
report the following with respect to completion of the administration of the
above-captioned estate:
1. State whether administration of the estate is complet@
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete: Within
the next six months,
", 3. I~fhe ~I:l,~wer to No, 1 is Yes, 8tat:}~1,~~~owing: .~ot ~~~icable.
'-,"",' ',fI", ~<~~" /~~/
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Dat~':" N - '1W: Sam I .~. Milkes ,.
{.: )i r~ JACOBSIDN & MILKIDS
8~;'" '2 52 E. High Street
~a::, !3 88 Carlisle, PA 17013
(717) 249.0427
(717) 240.8427 - Fax
Attorney No. 30130
Counsel for Personal Hepresentative
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ROBgR'l' L BALT!MORE
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STINE AVENUE
CARLISLE PA 17013
2, Mlcfe Number
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Estate No, I 21-94-0083)
RECEIVED MAY 11 20051 "v
)e 1
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
Estate of BALTIMORE MILDRED P
Late of CARLISLE BOROUGH
Datel
5/10/2005
NO. I 21-94-00833
MI LKES SAMUEIJ W ESQ
16 CAVE HILL DRIVE
CARLISLE PA 17013
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NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 6. 12, SUPREME COURT ORPHANS I COURT RULE
Personal Representative: AKA ROBERT L BALTIMORE
Personal Representative Counsel: MILKES SAMUEL W ESQ
Date of Decedent's Death: 4/17/1994
Date of Delinquency Notice: 4/17/2005
The undersigned. Glenda Farner Strasbaugh, Clerk of Orhans'
Court, in accordance with r.ule 6.12, Supreme Court Orphans' Court
Rules, hereby notifies the Orphans' Court Division. Court of Common
Pleas of Cumberland County, that neither the above named personal
representative nor their. counsel. have filed with the Register of
Wills or Clerk of Orphans' Court. his/her Status Report required by
Rule 6,12. SU9reme Court Orphans' Court Rule, and that the
requisite notice, pursuant to Rule 6,12, Supreme Court Orhans'
Court Rules, was given by the Clerk of Orphans' Court on 4/17/2005
and that the ten (10) day notice to file thft status report has
expired. Accordingly, in accordance with Rule 6.12 the Court is
hereby notified of such delinquency and the undersigned requests
that a Court conduct a hearing to determine whether sanctions
should be imposed upon the delinquent pe~~onal represen.t.ative or
their counsel. ~~J!k:f~
CC I File
Personal Representative
Counsel
Glenda Farner Strasbaugh
Clerk of Orhans' Court
A hearing is scheduled for June 17, 2005 at 9:30 AM in
Courtroom No.3, If the Status Report is filed prior to the
hearing date, the hearing will automatically be cancelled,
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GEORGE E.HOFFER, P.J.
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Register ofWllls of Cumberland County
STATUS REPORT UNDER RULE 6,12
Name of Decedent:
Connie M. Con~
Date nf Death:
November 9 I 1994
Estate No,:
21-94-1003
Pursuant to Rule 6,12 of the Supreme Court Orphans' Court Rules, I report the following
with respeet to completion orthe administration of the above-captioned estate:
I. State whether administration of the cstatc is complete:
Yes 0 Nom
2. If the answer is No, state when the personal TepTesentative reasonably believes that
the administration will be complete: -1n sIx months from February 23. 2006
3, If the answer to No, I is Yes, state the following:
a. Dicl the personal representative file a final account with the Court"
Yes 0 No 0
b, The separate Orphans' Court No, (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties In
Interest? Yes 0 No 0
e, Copies ofreeeipts, releases, joinders and approval of f0l111al or infonnBI
accounts may be filed with the Clerk of the Orphans' Court and mBY be
attaehed to this report,
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Date: 2/23/06
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Signature
Peter B. Foster, Esquire
Name
114 South St" ,Harriaburg, PA 17101
Address
717-234-9321
Telephone No,
Capacity: 0 Personal Representative
@ Counsel for personal representative
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LAST WILL AND TESTAMENT
I, MILDRED P. BAL'l'IMORF., of'the Borough of Carlisle, County
of Cumberland, Commonwealth of Ponnsylvania, being of sound and
disposing mind, memory and understanding, do make, publish and
declare this as and for my Last Will and Testament, hereby
revoking and making void all former wills and codicils by me at
any time heretofore made.
FIRS~. I order and direct that all my just debts and funeral
expenses be paid by my personal representative or representatives,
hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. I give and bequeath my Noritake china to my son,
JULIAN O. BALTIMORE, absolutely and in fee simple, if he surv:\.ves
me.
C5 THIRD. I give, devise and bequeath my personal residence at
36 East Locust street, Carlisle, Cumberland County, Pennsylvania,
unto my daughter, JANET B. NOCHO, for so long as she shall
continue to utilize it as her principal place of residence and
pay all real estate taxes, utility expenses and reasonable
i
,
Allorney Ill.w
, 5uUlh Ifanover Slreel
..,llIle. Pennl)lunll1701l
maintenance expenses and insurance premiums. Upon the death of
my said daughter or upon her ceasing to utilize the property as
her principal residence or ceasing to pay the aforesaid expenses,
I order and direct that the remainder interest in said real
estate be sold and distributed as part of my residuary Estate.
FOURTH. For the purposes of this my Last Will and Testament,
a person shall not be deemed to have survived me unless he or she
~ PLAINTIFF'S
J EXHIBIT
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EXtolle.\T'i.
LAST WILL AND TESTAMENT
of
IMORE, of'the Borough of Carlisle, County
ealth of Pennsylvania, being of sound and
dispos1nq mind, memory and understanding, do make, publish and
declare this as and fer my Last Will and Testament, hereby
revoking and making void all former wills and codicils by me at
any time heretofore made.
FIRST. I order and direct that all my just debts and funeral
expenses be paid by my personal representative or representatives,
hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. I give and bequeath my Noritake china to my son,
JULIAN o. BALTIMORE, absolutely and in fee simple, if he survives
me.
~ THIRD. I give, devise and bequeath my personal residence at
36 East Locust Street, Carlisle, Cumberland County, Pennsylvania,
unto my daughter, JANET B. NOCHO, for so long as she shall
continue to utilize it as her principal place of residence and
pay all real estate taxes, utility expenses and reasonable
I
,
AIlOrnf)!.1 Law
'Suulh H.nover Riffel
,arlll1t, Pcnnl)'I\'.nl. 1701l
maintenance expenses and insurance premiums. Upon the death of
my said daughter or upon her ceasing to utilize the property as
her principal residence or ceasing to pay the aforesaid expenses,
I order and direct that the remainder interest in said real
estate be sold and distributed as part of my residuary Estate.
FOURTH. For the purposes of this my Last Will and Testament,
a person shall not be deemed to have survived me unless he or she
~ PLAINTIFP',
I EXHIBIT
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"
shall have survived me by more than ninety (90) days.
FIFTH. All the rest, residue and remainder of my Estate,
real, personal and mixed, whatsoever and wheresoever situate, I
give, devise and bequeath unto such of my children, JULIAN O.
BALTIMORE, ROBERT L. BALTIMORE, RONALD M. BALTIMORE, JANET B.
NOCHO and R. MICHAEL BALTIMORE, absolutely and in fee simple, in
equal shares. If any of my aforesaid children should fail to
survive me, then and in that event, I give, devise and bequeath
his or her share unto suoh of my said children who shall survive
me, absolutely and in fee simple, in equal shares.
SIXTH. In the event that I should, by reason of physical or
mental disability, become unable to take part in decisions for my
own future by virtue of what is commonly known as "brain death"
~ or "persistent vegetative state", I order and direct that, where
there is no reasonable expectation of my recovery fI'om physical
AUotll'" 'llIw
, South ffanOVtf SUCCI
.,1:.lr, Puruylunl. 11013
disability, I be permitted to die and that I not be kept alive by
artificial means, including nutrition or hydration by
intubation. It is my express desire that I not be permitted to
suffer the indignities of deterioration, dependence and hopeless
pain and that, therefore, medication be mercifully administered
to me only to alleviate my suffering, even though this may hasten
the moment of death.
SEVENTH. I order and direct that any estate, inheritance or
similar tax due as a result of my death with respect to any
property passing as a result of my death, shall be paid from the
residue of my Estate prior to distribution as an expense of
-2-
AllornlYI' Ltw
S SoUlh thnover 8lree.
.rlble, Pennl~lvanl. 17013
administration and that no part of the taxes should be pro-rated
or apportioned among the persons or benefioiaries reoeiving the
taxable property. My personal representative shall have f.ull
power and authority to pay, compromise or settle any such taxes
at anytime whether with respeot to present or future interests.
~HTH. Any and all decisions, determinations or actions
made or taken by a personal representative or Trustee hereunder,
if made in good f.aith, shall be final and conclusive on all
persons who are or may become interested in my Estate. No
fiduciary acting under this my Last Will and Testament shall be
liable for any error in jUdgment or for any depreciation or
reduction in value of any Estate or Trust assets at anytime, in
the absence of willful default.
LASTLY. I nominate, constitute and appoint my son, ROBERT L.
BALTIMORE, to be the Executor of this my Last Will and Testament,
but if, for any reason, he should faU to qualify as such
Executor or cease so to serve, then and in that event, I
nominate, constitute and appoint my daughter, JANET B. NOCHO, and
,
my son, R. MICHAEL BALTIMORE, as successive alternate personal
representatives hereof, all to sorve without bond.
IN WITNESS WHEREOF, I, MILDRED P. BALTIMORE, have hereunto
set my hand and seal to this, my Last Will and Testament which
consists of five (5) typewritten pages to each of which I have
affixed my signature this 21st day of
January
A.D. One Thousand Nine Hundred Ninety-One (1991).
~~d~.'{a~~~" - (SEAL)
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C~ALlH Of I'altSVLVAHIA
DEPAATIlENT Of REVEIU!
IUREAU Of INDIVIDUAL uxra
DEPT. 210601
HARRISBURG. PA 17izl-0601
NOTICE OF INIlERITANCE TAX
APPRAIIE"ENT, ALLOMANCE OR OIIALLDMANCE
OF OEllUCTION t. ANO ABBE8I"ENT OF TAl< ON
JOINTLY "ELD OR TRUIT A>>IET8
DATI! 05- 29-95
COUNTY
CUMBERLAND
ESTATE OF BALTIMORE
MILDRED P DATE OF DEATH 04'17-94
FIlE NO. rf21-1t/-- f'.33 S.S/D,C, NO. 193-24-2115
ACN
94127778
REMIT PAYMENT TOI
REGISTER OF WIllS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
iA;,ount R..III.d 1
ROBERT l BALTIMORE
It E LDll1l3T A'JI =-;>
rA!l,-I.IElc, .., --I'll 17013
I" P Ill.... {bOy.: 00 c;'
(!Id~tdt-.I;: ,/,nt,
17C11~
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS .....
Ri.y:isiri.eif.AFjf-ilz..-94i---....------..--.-......-....------....---..-.-....--.----..-....---....-.--....---
NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF
DEDUCTIONS, AND ASSESSMENT OF TAX ON JOINTLY HELD OR TRUST ASSETS
DATE 05- 29-95
ESTATE OF BALTIMORE
MILDRED P DATE OF DEATH 04-17-94
COUNTY CUM8ERlAND
FILE NO. S.S/D,C. NO. 193-24-2115
TAX RETURN WAS, (X) ACCEPTED AS FILED () CHANGED
JOINT OR TRUST ASSET INFORMATION
FINANCIAL INSTITUTION I DAUPHIN DEPOSIT BANK S TR CO ACCOUNT NO.
ACN
94127778
4906706460
TYPE OF ACCOUNT I ()() SAVINGS ( ) CHECKING ( ) TRUST ( ) TIME CERTIFICATE
DATE ESTABLISHED 02'26-76
Account Ballnce
Percent Texeble X
Amount Subject to Tax
Debts end Deductions
TaXBble Amount
Tex Rete X
Tax Due
9.114.62
0.500
4.557.31
.00
4.557.31
,06
273.44
TAX CREDITS 1
PAYMENT
DATE
RECEIPT
NUMBER
DISCOUNT (+)
INTEREST (.)
INTEREST IS CHARGED FROM 01-18-95 TO 06-06-95
AT THE RATES APPLICABLE ^S OUTLINED ON THE
REVERSE SIDE OF THIS FORM
NDTEl TO INSURE PROPER CREDIT TO
YOUR ACCOUNT, SUBMIT THE
UPPER PORTION OF THIS NOTICE
WITH YOUR TAX PAYMENT TO THE
REGISTER OF WIllS AT THE
ABOVE ADDRESS. MAKE CHECK
OR MONEY ORDER PAYABLE TOI
"REGISTER OF WILLS, AGENT ,II
AMOUNT PAID
,00
273,44
9.46
282,90
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST
TOTAL DUE
. IF PAID AFTER THIS DATEs. SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ·
I IF TOTAL DUE U LES3 TH N n. NO PAYMENT IS REQIlIRED.
IF TOTAL DUE IS REFLECTED AS A "CREOIT" I C~~l YDU HAY IE DUE A REFUND.
SEE REVERSE SlOE OF THIS FORM FOR IHSTRUCTI0K5. I
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To fulfill thl requlreHntt of Section 2140 of the Inhlrltll1Cl' end Eltl't 1Ix Aot, Act ZZ of 1"1. (72 Po'.
SlCtlon Z1~Ol.
PAYlEHT ,
OItlOh the tOP portion 0' thll NoUeI .od tublllt with your PIV",,' to thl Rtll.t" 0' t'IUI printed on thl
r.y.rte Ildti.
u ttIlk. check or IOnIY orOtr plylbl. tOI REGISTER Of' WILLS, ADEH1'.
All PIYHnt. rlC.lvld ,hill fir.' 1M! applied to "'1 Int.rut which HV be due, with InV rIRJndlr 1PP111d to the t&le.
REFUND (CR)I A nftrld 0' . tlX cr.dlt, which "II not r.qu..ttd on thl tlJC r.turn, "'1 bel r"ullt.d bv cOIIpl.tJflt ., "."lIoIUon
for R.fund of PWll'lIVlvll'1h Inherltanc. and EI,.t. Tax" (REY-UU). APfllICIUonl Ir. av.U.,I. It the OffiCi of
thl Rtll".r of Willi, InV 0' the U RIV.nul Olltriot Offlo.. or by cllllng thl .pecl.l Z4-hoUr ......rl"1 ..rvlc.
~r' for for.. orderlngl In Penn,vlvWll. 1-100-562-2050, out.lo. Penn,vlvenl, .od within lOCI.
H.rrllburg .,.. (717) 7ft7.8094, TOOt (717) 77Z~2Z5l (HI,rlng IIIP,lrld Onh1.
OIJECTIONS. Any p.rty In Int.r..t not ..tl.fled with the appr,I..-.nt, 111owanc. or dl.,llowancl of dIduotlon. or ......-.nt
of t.)C (Including dhoot-"lt or Int.rut) u ,hown on thl, HoUc. ..y objtat within Ihty (60) dlYI of rlc,lpt 0'
this Hatlc, bYI
"wrlUtn protllt to the PA Otplrt.."t of R.v~, Baud of APPllll, DIPt. 211021, H.rrhburg, PA 171ll.10U, OR
~..llCtJng to hlv, tM ..tter deterllned at the ItUdIt of U,. accomt of the plrson.1 rlprUlntltlvl, OR
~.apptll to thl Orphanll Court
AOItIH-
ISTRATlVE
COIlfl!CTlOIt'.I,
FlOtUlll .rrorl discovered on thll ......Mnt .hould be Bddr.ued In writing tOI PA O.put'lnt of RevlnUl,
BUrl'" of locilvldull TIM", ATTHI Po.t A......."t RI"I... Unit, DEPT, 210601, Hftrrl.burg, PA 17128..0601
Phone (717) 787.6505. S.. P'st' ! of thtl bookl.t "In.tructlon. 'or If\htrltenct Tll( Rtturn for I Ruldent
Dlcldent" (REY~1501) for In IllPllnlUon of IKtIlnlltr.Uv.h corrlotlbllerrors.
DISCOUNT.
If IlW tlM due " Plld within thrt. (5) OII.nder IOnth. .fter the d.c.rilnt'. death, . flv. percent (5:<)
dhcomt of the tu Plld II .11~td.
IHTERtsT I
Int.rut II chit"" beglMlnt with first d.w of dtllnquency, or nlM (,) ~thl Ind OM (1) dlY
frol thl dlt. of dI.th, to the dati of ply..,..t, TIM" which bla... dlllnqutnt blfor. JlnUlrv 1, 1912
be.r Int.rt.t .t the rate of .tM (6~) p'r~'"t per annul a.lcul,t.d It . dlllv rlt. of .000164.
All taM" which btce.. d.llnquent on or .ftlr JlnUlry 1, I'U will be., Interut It . r.tl which will ".ry fratl
allendlr V'lr to allender y..r with thlt rlt. ennouncld by the PA Cep.rt.."t of Rlvenue. ThI epplloebl1
Int.r..t rat.. for 1'12 through 1'95 .r..
'tII.t Int.r..t ht. D,I1'1 Int.rut Flctor
l:ur
Inter"t RBt.
0111'1 Int.r..t Flatar
I9IZ
1915
1'14
1915
1'"
"lnterut
ZOl .0005U
16l .OOOUI
III .OODJOI
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10l ,000Z7~
J. cIlcul.ted I' follOMI.
1917
1911-1991
199Z
I99H994
1995
'l
III
'l
7l
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,000l01
.00DZ47
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IKTERERT . BALANCE OF TAX UNPAID X NUWBER OF DAYS DELINqUENT X DAILY INTEREST FACTOR
"Any Notlet h.ued efter the tu beeCH' delinquent will reflRt '" Interut cIlcullUon to flft..... (Hi) d.n
beyond thl dlt, of the .......-nt. If payaent II ,Ide aft.r the Int.rllt cQlPUtltlon dlt. .hown on thl
NoUCI, Iddltlon.l Inter..t IlUlt t"I cllcuilttd.
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0I1och lho lOll porllon of Ihh Hollo. IIncI ......11 wllh your Plvoonl .Ido Plvllbl. 10 lho __ IIncI oddr...
prJnted on the rlv.r.. .ldI.
--1tIk1 ohock or oonov ordor plvllbh 101 REGISTER OF WILLS, AGENT.
All PIVMntt reo.lvld .hlll be 1PP1led flr.t t(ll MY lnt.re.t which ny be due with 11'I)1 r...lnd1r epplled tl1 the tax.
RIf"1MD (CRh A ref\Ri 0' . tax oredlt, whhh WI' not requllttd on the TI. Rltutn, ..y be r~.ttd by co.pl,Unt ."
"AppllclUon for R.fWld of Ptntllylvanll Inhtrltlncl end 1::,1o,t, TIM" (REV-UU), AppUCIUonl Ir. IV.UIlII, It
,he OffiCI of the RI.l,t.r of Will., any of thl 25 Rlvenut Dlltrlct Offlc,. or frOl the Deplrtleftt'. Z4~hour
.
IftIVlrlne ..rvlcl ou.bIr. for for.. orderlnll In PtnnlVlvlnJ, lw800-36Z-20S0, out.lde PtnnlVlvlI'Ill
end wJthln locll Hlrrhbur. .r.. (717) 717-1094, TUb' (717) 772-2252 (H4trlng I.llred only),
REPLY TOt bltton. r...rdlnt .rrar. contllned on thl~ nottel thOUld be Iddrl..td tal PA Dep.rtMnt of R,Venue, aurtlu
of Indlvldull Tax.., ATTHl Pott AI...~t R,vlew Unit, Dept. ZIObOl, H,rrllbYrg, PA 171ZI.0601, Phone
(7l7l 717-65DS.
DIKOUNT I
IHTERliIT ,
If IIW tl" due hi paid within thrH (]) callndtr IOnth. ,ftlr the dMldentl, d..th, II flv. percent (5~) dlac...t
of lho I.. plld II Illowod.
Int.r..t I. thtrlld betlnnl"l with flr.t dlY of dlllnquenoy or nine (9) IOnth, end one (1) ~v frDl t~ dltl of
dIIth to the dlt. of PIYltnt. Tax.. which bee... delinquent blfar. JlnUlryl, 191Z bltr int.r..t at the rlt. of
.1Ie (6X) percent plr IIMUI c.lcullt<<l at I dIllY r.t. of .000164. All tlXII which bee... delinquent on and Iftl"
JtnUlrv 1, 1912 will bear Int.rl.t at a rat. which wlll v.rv frOl cllendar y.ar to ellender Vllr with that r.tl
announced bv the PA Dtp.rteent of R.venut, ThI appllCWbll Int.r..t r.t.. fcr 1912 thrOUGh 1995 ar'l
V..r Int.r..t R.t. Dlllv Int.r..t FlOtor
-
:!!!!
Interllt A.t.
Dlllv Int.r..t FlOtor
1912 20X 1000541 1lM7 9X .000267
1m lOX .000651 19Ga-1991 IU .00DS01
1914 llX .OODSOI 1992 9X .000167
1915 13X .00OS56 1991-1994. 7X ,000192
1916 lOX .000/76 1995 9X .000267
....Inter..t 1. cllaulltld I' follow.,
INTERllIT . IALANC!Il ~F TAX UlIPAIO X HUKlllI OF OAYS DELINQUENT X DAILY INTEREST FACTOR
.-Anv Hotlc. IlIued ,ft.r the tlK beooM. dll1nqu111t wIll rafleat In Intertlt GlIoullUon to fift"" UI) dtva
bevond thl dlte of thl .....lMf'lt. If P.~t It HCM .ftar the Inter..t CDIIPUt,tlon atl shown llfl thl
NotlcI, IddltllK'llll Intarllt lIU.t H calculated.
.
"
II,
"
LAST WILL AND TESTAMENT
I, MILDRED P. BALTIMORE, of'the Borough of Carlisle, County
of Cumberland, Commonwealth of Pennsylvania, being of sound and
disposing mind, memory and undorstauding, do make, pUblish and
declare this as and for my Last Will and Testament, hereby
revoking and making void all former wills and codicils by me at
any time heretofore made.
"
,FIRST. I 'order and direct that all my just debts and funeral
expenses be paid by my personal representative or representatives,
hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. I give and bequeath my Noritake china to my son,
JULIAN o. BALTIMORE, absolutely and in fee simple, if he survives
me.
~' THIRD. I give, devise and bequeath my personal residence at
36 East Locust Street, Carlisle, Cumberland County, Pennsylvania,
unto my daughter, JANET B. NOCHO, for so long as she shall
continue to utilize it as her' principal place of residence and
pay all real estate taxes, utility expenses and reasonable
maintenanoe expenses and insuranoe premiums. Upon the death of
my said daughter or upon her ceasing to utilize the property as
her principal residenoe or ceasing to pay the aforesaid expenses,
,I
Attom'Yllu.
S Soulh ffalnonr SlIteI
rlllle,PIIIDn.ylnnII17013
I order and direct that the remainder interest in said real
estate be sold and distributed as part of my residuary Estate.
FOURTH. For the purposes of this my Last Will and Testament,
a person shall not be deemed to have survived me unless he or she
~ PLAINTIFP'S
I E~HIBIT
,
" ,
shall have survived mo by mere than ninety (90) days.
FIFT.IJ. All the rest, l'esidLl'e and romainder of my Estate,
real, persenal and mixed, whatsoever and wheresoever situate, I
give, devise and bequeath unto such ef my children, JULIAN O.
BALTIMORE, ROBERT L. BALTIMORE, RONALD M. BALTIMORE, JANET B.
NOCHO and R. MICHAEL BALTIMORE, absolutely and in fee simple, in
equal shares. If any of my aforeSaid children shou~d fail to
survive me, then and in that event, I give, devise and bequeath
his or her shar.e unto such of my said children \~ho shall survive
me, absolutely and in fee simple, in equal shares.
~IXTH. In the event that I should, by reason of physical or
mental disability, become unable to take part in decisions for my
own future by virtue of what is commonly known as "brain death"
~ or "persistent vegetative state", I order and direct that, where
there is no reasonable expectation of my recovery from physical
AnorD_)'.' .....w
, SO\llh .hnovel SUCCI
rUlle, Pcaa.ylVlnll 1701l
disability, I be permitted to die and that I not be kept alive by
artificial means, including nutrition or hydration by
intubation. It is my express desire that I not be permitted to
suffer the indignities of deterioration, dependence and hopeless
pain and that, thorefore, medication be mercifully administered
to me only to alleviate my sUffering, even though this may hasten
the moment of death.
"
,
SEVENTH. I order and direct that any estate, inheritance or
simi,lar tax due as a result of my death with respect to any
property passing as a result of my death, shall be paid from the
residue of my Estate prior to distribution as an expense of
-2-'
"
,'" ,
"
Anora"II I..",
S bUlb "uover Slrcel
,litle, PtDD.,lvaala 1701l
'.
administration and that no part of: the taxes should be pro-rated
or apportioned among th0. persons or beneficiaries receiving the
taxable property. My personal representative shall have full
power and author! ty to pay, compromise or Bet tle any such taxes
at anytime whether with respect tc presont or future interests.
EIGHTH. Any and all decisions, determinations or actions
made or taken by a personal representative or Trust,ee hereunder,
if made in good faith, shall be final and conclusive on all
persons who are or may become interested in my Estate. No
fiduciary acting under this my Last: Will and Testament shall be
liable for any error in judgment or for any depreciation or
reduction in value of any Estate or Trust assets at anytime, in
the absence of willful default.
LASTLY. I nominate, constitute and appoint my son, ROBERT L.
BALTIMORE, to be the Executor of this my Last Will and Testament,
but if, for any reason, he should fail to qualify as such
Executor or cease so to serve, then and in that event, I
nominate, constitute and appoint my daughter, JANET B. NOCHO, and
.
my son, R. MICHAEL BALTIMORE, as successive alternate personal
representatives hereof, all to serve without bond.
IN WITNESS WHEREOF, I, MILDRED P. BALTIMORE, have hereunto
set my hand and seal to this, my Last Will and Testament which
consists of five (5) typewritten pages to each of which I have
affixed my signature this 21st day of
January
,
A.D. One Thousand Nine Hundred Ninety-One (1991).
'iffid:~d~. C?a~~~" - (SEAL)
-]-
"
Carlisle Tire & Rubber
---
~
w~
(:/lfll'il!' hill & flu 1 IPI ,llftlp,IIl',
'lllh~I(I",.y (II (;;1,11',10' (:{'II"'ldllllll
flU IIm\Jl1
CI\fIi~jH I'A 11111:1
(1171 ;l4!l1000 Iii' (11/, ;'.1(1(101',
This letter, in duplicate. will serve as an agreement between you and
this company covering some important terms of your employment. The
word "Company" wherever used herein shall be deemed to include any
company or corporation which is affiliated with Carlisle Tire & Rubber
Company.
You realize that in the course of your employment the Company will
necessarily reveal to you, or you may develop, confidential
information which, if known to its competitors, would be likely to
injure the Company in its business.
In consideration of your assignment by the Company. and the payment of
compensation during such employment, it is understood and agreed as
follows:
1. You will hold to strict confidence and not reveal to any person,
firm or corporation, or use for your own benefit any secret or
vonfidential information obtained during the cour.se of your
assignment with the Company reluting to sales, sales volume or
strategy, past or present customers, contracts and other agree-
manes of a legal nature, manufacturing methods, processes,
techniques. machines, formulae. products, improvements,
inventions. or research belonging to or relating to the affairs
of the Company. without fir.st obtaining the written permission
of an officer of the Company.
2. Upon leaving the employ of the Company, you will not take with
you any written drawings, photographs, or other recorded or
reproduced materials belonging to or relating to the affairs of
the Company. Prior to leaving the Company and notwithstanding
the circumstances surrounding your departure, you will deliver
to the Company all notes, notebooks and other data and material
in your possession or under y~ur control belonging to or relating
to the affairs of the Company.
- - - See Reverse Side - - -
,;.r:,vl.
qi."~' ( \
C', ~ '
.....
,
, DRUG TESTING CUSTODY AND CONTROL FORM
II ,~/(r~'/Il~i"~'(' ~\.S'K)~r1'/~ @
P.O, U(JX 2909. WARMINSTER, PA, 16974
SPECIMEN 10 NO, "!"'?' [11:,'\ :,/ ,,:j \~;> ,:,' A (215) 674,9310
STEP 1: TO liE COMPLETED lIV COLLECTOR OR EM PLOVER REPRESENTATIVE
A, Employer Name, Address end I.D, No, B, MRO Name and Address
1)11. :dlilN/:\, r:. Ht:lUGII
!Ilj ,', '1(.llil~\lfI[JI) f.lVE,
(lII1l1~;~Y., PH 1/~lL~
111II11II11 I1I1II1IIII1 Jill II ill! II~
111111111/1 '/III 11111 It
V::/"11I .' ,:
/ " ' . I I "
.- ',..' ',J .'
C, Donor SSN or Employ~ I.D, No, , ). ,( L:..!..L_..!
D, Reason for Test: 'f Pre.emplDyment 0 Random 0 Rsasonabls Susplclon/Causs
o Retllrn to Duty 0 Follow-up 0 Other (specify)
E, Tesls to be Performed: [;;:J THC, Cocalna, PCP, Opiates and Amphelamines
o Only THC and Cocaine 0 OTHER (spaclty) "_,__
01"0' ~'I.i
, !t";
, .... ',',' ,
,I _ _ _,',1 .",',
. Iii, " ' ","":\','"
, ,
;,
o Post Accldont
I
I
I STEP 2: TO BE COMPLETED BY"COLLECTOR 'G sclmen lem erature must 'be read within 4 minutes of coltection, "
I I Specimen temperature within range:, ' .Yes, 90', 100'F/32' , 3~'C 0 No, Renard specimen tempsralure h-;;;;-- I
I STEP 3: TO BE COMPLETED BY CoLLECTOR AND DONOR, Colleclor affixes bailie seal(s) to bottle(s), Collaclor dBtes sea/Is), Donor Initials seel(s),
I ~ STEP 4: SEE BELOW
STEP 6: TO BE COMPLETED BY COLLECTOR, RETURN TO COpy 1
i COLLECTION SITE, LOCATION: :
, __r",I:I('\/ I" I":"i!~
I I', CoUoCllon Faclli
I \ I I (( \(./ : I \ "'I ill / /, ,
Addfon
I
I
I
1
AEMAAKS:_ ,
I csrt//Y that the 'ptclm(n ldentifiod on thIs 101m is tho specImen prosentD~ to me by Ill, donor P, !Ovld/(10, tho certification 0,1 Copy 2 at/his form" that II bears tho 58mo specImen
IcIt(1/1~/lQn,ll~m~r a,,'h.~.,"orlh .bovo, ,anqlhatll has ba.n eOIl",,/ad,'''md,a''f! fill/ad In,lh, dO/lpr:s o(.,.ne., >' ),': ,;" , ' :'.', ,AM
{ 011/1 J.t'I/',(!/j' ( fUr' .' It I{,'!/' 'Ie" / i<<, 'I 'PM
(PAlmi C.'o<'oo', NomOI"", M!.lUll Si,nalu" 01 ".'OClo< ---0." IMOID.ylY'l TIm<> "
STEP 8: TO BE INITIATED BY THE COLLECTOR AND COMPLETED AS NECESSARY THEREAFTE~
MO ot:~ VA SPECIMEN RELEASED BV SPECIMEN.RECEIV,ED BY
-......--~
DONOR. NO SIGNATURE ~~~~'~ L(~-;:; 'i'" [I ~:/r j(i;")~ --.."
_S~~a~'~~ _11..'_'.. L-I!(jL :1./_" n_ Slg~a~~~ _'I. ..:\-0-), ___ _::.. - I"t,/.;..-
I, , 'II' t , i - /, J 11 I
Nlme i\ 1 (\ I i.;/ '...' I ' Nama, J ' ,.
SIgnature Slgnaturo
Dolo of elr1h : I;;: - / /~ / >...;:~
Mo, Day Vr,
I certify that I provided my urine speClfnon to tho colloclor.. that f havo not lIdul/of8/ed II In any mannar; thaI each spsc/mon bottle llsea Was soalod wl/h a tafflp(lr'o\lldent
IBolln my presence; and, Ihat 'he Irdormatlon provldod on 'his form nnd on tho labe/affixod 10 onch spocimen bottlo Is corroct,
lLidTP"4(~;~i~~~:i~;~tf;;ii~::C ~C1~~~~L~~~~~~:0,to~~''''!''~:':'''''''
III
~~~. ':,:('f'()
Colloclor's Business Phono No.
,I I I I '
" i II I', f', (I
City --siaiQ-
--------...------------- .-..--- -.-.-------.---..----.-----------.-
Nama Name
Signature Slgnalure
~ -... - .. - .- _. -. -. - --. _- _. ...~ n _.. _.... __ _. _ _. _ _ _ .. _. _ _. _.. _ _ _ _. _. _. _ _ _._ __.... _ _. __ _. ___
Name Namo
Ii> STEP 4: TO BE COMPLETED BY DONOR
Daytime Phono No, (
Evening Phono No. '(
SPLIT SPECIMEN
COLLECTION
I /'.. i '
Zip
[IVES
V1~o
PURPOSE OF CHANGE
PROVIDE SPECIMEN
FOR TESTING
t, / '1/
'.' I. ( (
~--
", / "'V; / ..
- ,,) /'::~-:"I.;/.Xi.!,
Olio (Mo. I Dey I Vr,)
STEP 7: TO BE COP,1PLETED BY THE MEDICAL REVIEW OFFICER
I NV8 revIewed !he faoollJtory rosults for Ihe specimon Identified by this form In pccordance l\lith applicable roqulromonls. My de/ermlna/lorWerlflcatlon I~:
o N.gallve 0 Posllivo 0 TOSI Not Performod 0 Tosl Cancollod
REMARKS
(PAINT) Mo.,,, A"j;'wQiiiW;'NlmOl';;;;l."i.lI, L';~-"-._- ..-...-...-'-......Signa.;.-'.'O..~";cnl-A"". 011<0;"-""--'--"" '-.. ---'''O~'';''i Do <,I -..,_
COpy 3. GIVE TO DONOR, DO NOT SEND TO lABORATORY
,',' .,' - . -,
:1. alll ""i-", " .
,:!~;{. ,',
4r~i'll(:.1\.'," ':,'; ..:.::::
\fp,~""I"'_~'," ~.I', '\. ;'
. .
I .
I ~v;m!~,
I
I .
~ Elec'ric
~ Service
,.
" .'. 'V. ~. ~.
Pennsylvunill Power & Light COn1pllny
FUI:
IANli!' NI)( '110
.~. 1II,lIe 'Ii~T ^ Vii
e'^p.I.l~I.I!I'^ 17111.1
CIl!IUIIIC','Sfl'I'lc'f
1',0, Ilux 35lKI .
AIII'llIu\\,nPA
JHllI6,050(l
'.HOO.J4Z.5775
1"--- -,
For Your
Information
NI'XIIIIl'I~1
r~lIdlllg
UII UII~IUIII
Dec' ~H
OIlC'!lIUIIHlIhulIl
,fll. hlll'/ .
PICIINC ~UIIIIIC'1
II. hy D~c' J 9
I'RIOt{ IIIU.IN(;
Till II I 1',0111 /.i1.11 /Iii I
PII)'IIII'IIIN HI'I'<'il'I'c1 . 'Illllllk YOIII
IIl1lul1l'~ us II/' Nllv 2H, 199~
('(lIUWN'I' ('IIA IWI':S . (k1 2-1 . NUl' 27
HI'Nilh'lIliulllull': HS
B.L'tjc Sl'fVil'P
(1M': 11111 K\VII 1Il'),liliv 1'1'1 K\VII
H7 K\VII ul H.lillv I'tor K\VII
SI'I'I'iill RillI' AcljUNIIIIl'1I1
Pi\ 'I'u,x ^"iIlNllill'llI
hll'lg)' ('hillgl'
('hlllgl'N lilll'lI'I'llk SI'IVic'I'
O'l'IIW( ('IIAIl<;/';S
Rull' ( 'UNl' ^c1jIlNIrIlI'1I1
'1'01111 O/' (Jlhl'l ('hu'l"'N
I'uy 'J'hls Alllllllnl NIII.lI'CI' ThUll I)cI'19, 199~
Yo Ill' CUHlom,,,' Numhc','
521 1)55lJ (,lJ2
liNt. wlwlI ('UUlIlJ: fJ)' ",dllnK
$ JlI4,I}:l
. JlI5, 27
$ .11,.15
hAH
IH,(IIJ
ri.fJCi
.IUH
-(J.IH
.IWI
$ 311,H7
1.11
,~ I ~,
$:i1.74
Ph'I"I' Ill' NIIII' III 1I'lIllIhl' l'IIl'luNI'c1 hill illM'lllill illll'UllulI1 ({IIII' ('UNI'
Ililliug illlilllllllliulI,
111'uliug VIlIII hUIIII' iN IIIl' higlll'NI \llIIl U/'''IHlIlI'illll'l l'III'lgV 1I1'1'c1N, ('lll'ck
1'0111 hl'ulillg N)'i.lclII fiI,II'I(N)iIlIlIlIII)', Cr.:lllllll Chullgl' filii'," ll~ lIl'I'd,'c1,
YIIII CUll NUVI' IIIUIII')' NIIICI' )'11111 N)'NI"IIII1'IIIIIM' 1"NN"IIl'lg)',
~"NDANTr8 "
,",EXHIBIT"...
! 3,
/, ',."" ' .
, -, .
, ,
(;1'111,11 IIl1d UIlWI'llIlil"IIII1l/1I11 UlIlllll'k -+
'-
.. '. .......-
......... .II r~_.T~l!"..~~..~
- .
.---.-....-
'}
I
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.....................-.......................................... .-._.............-
~.. ".. ..... ...... ..~ .
Electric I\WII, AvOnl!)" I'or Duy MI('J'EH HEAIlING INFOHMA1'I~)'N
Use l~
10 Meh'I'II32SI9SI3
This gnlph shows No\' ~7 Al'loul '140~
your l.loclri<' use 8 Ocl 24 AClual '1118
o\'er Ih,' lusllJ 34 I>uys KWH I1sed u287
lIIonlhs, 1995
I> AVl'I'III1'" Nuv 1994
;{lpt.s uf Telll/,"nllurc 4'11' 4~F
eler Ht'MdlllllSI 4 KW I p,'r duy J 8
ACluul . ~
!!slillluled 0 0
Cuslolller D NDJFMAMJ.lASON
'14 Moulhs '1~
Understanding Your Bill
Cuslonll'r NUllllll'r' ~2 I 'J~:W I>O~
i
111181t. Service. A lIIoUlhly chnrgo Ihnllncludes Ihc
cosl u( Ih" eleelrll' lIIel,'r. lIIeler rcudill!) und rcc"rd
kCfJpipg. 'i'ili!t duug" is lil4' SUllie IIU IIIUIIl'1 iluw 1I1UI.I'1
eleclnl'lly you use.
lincl'1ly. Ch"l~c . A chur!)l' (ur IIIl' fllt'luSl'd 10 ll111h
eleclrldly uud (or Ihl' d"CIIi<'iIY 1'1'&1, hul's lrolll
ulher ulilllil's, 1I11lso iudllll,'s a l'rl',1I1 lor Hll'
cll'clridly 1'1'&1, sdls 10 olhl'r ulililil's, The l'Umolll
chur!)l' Is .,(K)~7 l'eUls ror each kiloll'ulI'hour YOUUst',
Esthnnlt'd I'A Tuxcs. 1'1'&1, USl'S <lhoUI 53, I 7 "I Ihis
bill 10 I'uy slull' luxl's, This lucludl's uhoul 5 1.40 (or
Ihe 1''' Oross J(ecl'il* Tux,
KWH (Klluwntt.huul')' A Ult'aSUrl' "I' h"w lIlul'h
ell'clridly y"uuse, OUl' KWII is "'Iuul 10 lilt'
eltoclrldly uel'ded 10 Iighl U llK),wa I bulb (ur leu
hours,
I'A Tu AdJuslmellt .l'l'l~1. suhlrncls 0.58 perceul
(rolll your blillo nl'COUut (or chuuges in slnlo ulill1y
I,IM~:'I,
Hale ItS. The nile (or sel\'it'e 10 prlvule hOllies,
SIll'dlll Rllh' A(llusllllt'ut .1'1'&1. suhll1lcls 1.21
1,,'rl'eul (ron, your bill 10 gil'l' youthl' beuenlo(
I'IIr1ous dmugl's Ihlll hUl'e 100I,t'IO(II'I'&I.'s cOSls,
Types uf I\!c'h'r Rl'adlnlls,
Aclual ' A r,'u,lIug hy us,
Adjusted, We dl'11'II1Ilue your USU!)C (rulllIlU ulllunl
rl'udiug wc gol dOSl' 10 Ihe hilliug dUle,
Custolller - ^ rc:uling YOll giv,~ liS.
!!slillluled ' Wl' hase Ihl' churges oUlhe Woulhor nnll
on YOIII I'usll'uergy Ust',
"
l
'I
I
,
I
.
Yuur locul 1'1'&1. businl'ss olficl' Is nl 1801 IIwokwood Slreel Ilurrisburg "A 171O~,
Thero you can Sl'e u copy MIIIl' ul'luul IIIll' sehl'dull' uud u (urllllll' llxplunnliun 01 Ihe
churge. on I'our hill, '10 d,,'ck 1'011I hill.1 'A Ouilll' lor Figuring Your 11111' Is ulso
ul'uilubll' ut'lhulolllcl', or h)' "nlllng PI',,\: I ,loIHrel' ul I .8CKl.J4~.577~,
Mnll pnYIIII'lIls In: ~ Nnrlh Nhtlh Slr",'I, Allelllnwn, PA 18101
.
\
I
"
:"":l~
.
0'
-....1 -b.........,..,....
-. -;.... --..-.;- ....~ ~ - 7'~-"i.'-"1
rr....'...':..........,...............,.....,................,..,.......,..... ..
! Electric. KWII, AVllmge Pl'IlJay
Use I~
This glUph shuws III
YUill ekelrk USI' K
uwr Ihl' IlIsl 13
1\111111hs, C.
\ 'Ulles of
l'lel' RI'adhlllsl 4
. Al'luIII . ~
I
I l'slll\1all'd 0 0
('usllll\1l'r 0 1>.1 FMAMJ JASON\)
I
I ~4 Munlhs ~S
t" ~. ...,.
....I
METltR READING IN1"()RMA'I'1~)N
MI'II'l'N31S19SIJ
\)\'1' ~7 Al'lllUl
NIIV ~7 ACIIIIII
30 Days KWll1l.~td'
^ veralle . Dee 1994
TI'l\1pl'o,llIre 401'
KWrll1l'r dllY 7
96KI
940~
'176
1995
31\1
9
Understanding Your 8i11
('lIshlll1l'r NUI\1I",r' S~ I ~SS~ c.O~
lIasle St'rvlt'e . ^ 1lI11111hly c1mrgl' Ihllllllcllldes cusls
IlIprovll'I' sl""lce IIml1\11111l11l111 sI'IVII'I' 1''1"lp"'''"1.
ThIS ehllrge Is Ihl' Sllllle IIU 1\111111'r huw I\1Ul'i1
I'kelrlclty you USI',
Ellel'{lY Charlie' A l'i\llrge (urllll' 111111 used lu lI\11kl'
cleclrtclly IIl1d lur Ihl' I'll'elrll'lly 1'1'&1. huys Irulll
olhl'r uIIIIIII's, 1IIIIsII illcllllll's 1Il'rl'dll lur IIII'
elel'lrlclly I'P&I. sl'lIs lu ulher ulllllks, Thl l'uUl'nl
ehllrgl' Is ,,0027 el'II1S lur I'al'il kllllwlIlI,hour yuu IISI',
listhnall'd I'A Tues. 1'1'&1, llses IIhoUI Sc.,~ I ullhis
hllllol'ay slt.11' Itlsl'S, This IIIl'illdes IIhuIII S~,73 lur
Ihl' I'A lIross Rl'ecipls TIIX,
KWII \Klluwall.hllnl')' A 1Il1'IISllrl' ul huw IIlllcll
ell'clrll'lly yuu IISI'. Olll' KWllls 1'11""1 IU Ihl'
1,11','lrldIY llel'ded lollghlll 10ll,wuI hnlh for I,'n
huurs,
J.all- PaYlIlenl ('hal'lIe . A chllrgl' lidded If yuU dOllut
I'"Y YUill hill '\1111111'" II is I,~S nereelll (per mUlllh) 01
yuur O\'Nl1\I(> llillUtll'l' 10 l'uVer i P&L'~ l'u~llu cultcl:l
oVl'r,hll' hills.
This 1Il01llh YOllllall' payl\1enl ehurge wus bused 011
$3 \.74,
I'A Tax Ad,lustment .1'1'&1. suhlmels O,SK pI'reelll
lrolll y"lllllllllu uecuuul fur dlUllgl's III slule utllllY
lllxes,
Rull' RS. The rale lur selVlee IU I'rivllle humes,
Sltedal RaIl' Adjnstlll.nl . 1'1'&1. suhlmch; J.~ I
percelll Irulll yuur hili 10 give yuu Ih. helle Iii ul
vurluus ehllllges Ihal hllv, lowered 1'1'&J.'s cusls,
TYI,es uf Md... R.adhllls'
AI' ual, A reading hy us,
Adi uSI1'd ' WI' dl'tl'rlllille your usagl' frolllllllaCllml
relidlng WI' gill close lu Ihe hilllllg dille,
('USIIlIllI'r, A r,'ading yuu give us,
ESli1U1I11'11 ' WI' hase Ihe churges olllhe wenlher ulld
01\ your pust 1'1H.~rgy U"il',
"
I
,
I
Yuur IlIellll'l'&l. husluess O[fil'l' b al I KOI Bruukw",,,1 SIIl',.I, lIurrishlllg PA 171OS,
Thcrl' yoU I'UII Sl'e u ropy 01' Ihe ue\lllllllltl' sdwtlule ami a lurlher cXl'luuallou 01 Ihe
I'llIlrgcs ou YOlll hili, '10 check your hill. "A lIultle for Figuring YOlllllill" is IIlsu
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, WAYNE F. SIIADE
ATTORNEY Arl.AW
~l WaST 1~IMI'RIiT STREb,
C'ARLISLU, PUNNSYLVANIA I1ClIJ
,
(117Il4l.0l2Cl
("UOI l4J.UllO
PAX (717)l4Y.UoI7
November 30, 1994
Patrick F. Lauer, Jr., Esquire
Attorney-at-Law
2108 Market street
Camp Hill, Pennsylvania 17011
ReI Estate of Mildred P. Baltimore
Dear Pat:
This will acknowledge with appreciation receipt of your
letter of Ootober 27, 1994.
We apologize for the inordinate and uncharacteristio delay
in our response which is due to the fact that we are presently in
the process of moving our offioes.
We have finally examined the Renunciation whioh was filed in
the case. While we do not want to split hairs, we think that the
Renunciation should have been in favor of Janet B. Nocho as the
first alternate personal representative and then R. Michael
Baltimore as the second alternate.
The language of the Renunciation as filed would appear to
require that Letters be issued to both Michael and Janet as 00.
personal representatives in order for the Renunciation to be
effeotive. This is not what the Will provides.
In addition, there is the issue of the jewelry which we
mentioned to Matt Eshelman in our telephone conversation on
November 21, 1994.
Finally, it will be necessary for us to have various
olarifications of Robert's accounting of disposition of the
assets when and if we undertake further administration of this
Estate.
We say when and if we undertake further administration for
the reason that there would presently appear to be no assets to
pay even the Inheritance Tax on the real estate, not to mention
oounsel f~es and other expenses.
= PLAltmPP'S. . '
IXHlIlT
.r
. t" .
, .
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JANET B. NOCHO,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CuMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-5591 CIVIL TERM
ROBERT L. BALTIMORE and
JULIAN O. BALTIMORE,
Defendants
I
I
I PROTECTION FROM AB~SE
PROTECTIVE ORDER
AND NOW, this 7~ day of October, 1994, after hearing,
,
the Court finds that Plaintiff is in immediate and pres~nt danger
of abuse from Defendant JULIAN O. BALTIMORE, and the following
Proteotive Order is hereby entered:
1. Plaintiff JANET B. NOCHO does not have funds available
to pay the fees for filing and servioe of the within Petition and
is, therefore, excused therefrom.
2. Defendant JULIAN O. BALTIMORE is hereby enjoined from
physioally abusing Plaintiff or placing her in fear of imminent
serious bodily injur.y and is excluded from the residences of
Plaintiff at 34 ann 36 East Locust street, Carlisle,
Pennsylvania, and from the place of employment of Plaintiff at
United Telephone System, 1201 Walnut Bottom Road, Carlisle,
Pennsylvania.
3. Thls Order shall remain in effect for a period of six
(6) months from the date hereof.
4. The Carlisle Police Department and the Pennsylvania
state Police will each be provided with a copy of this Order by
oounsel for Plaintiff and may enforce this Order by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
= ' PLAlNTI",.
IXHl'"
..'1
4 .
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.r'
JANET B. NOCHO,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
:
I NO. 94-5591 CIVIL TERM
I
I
I PROTECTION FROM AB~SE
ROBERT L. BALTIMORE and
JULIAN O. BALTIMORE,
Defendants
PROTECTIVE ORDER
AND NOW, this '] f1v day of Ootober, 1994, upon
.
consideration of the Consent Agreement of the Parties in open
Court in lieu of hearing, the following Order is entered without
admission by Defendant ROBERT L. BALTIMORE of any of the
allegations of the Petition:
1. Defendant ROBERT L. BALTIMORE is hereby enjoined from
physioally abusing Plaintiff or placing her in fear of imminent
serious bodily injury and is exoluded from the residences of
Plaintiff at 34 and 36 East Looust street, Carlisle,
Pennsylvania, and from the plaoe of employment of Plaintiff at
United Telephone System, 1201 Walnut Bottom Road, CarliSle,
Pennsylvania.
2. This Order shall remain in effect for a period of six
(6) months from the date hereof.
3. The Carlisle Police Department and the Pennsylvania
state Polioe will each be provided with a copy of this Order by
oounsel for Plaintiff and may enforce this Order by arrest for
indirect oriminal oontempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is oommitted in the presence of a police officer. In the event
that an arrest is made under this section, Defendant ROBERT L.
~ ,PLAINTlFP,
IXHIIlT
~"
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",., .
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"', ,
JANET B. NOCHO,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
.
ROBERT L. BALTIMORE and
JULIAN o. BALTIMORE,
Defendants
NO. 94-5591 CIVIL TERM
PROTECTION FROM AS~SE
PROTECTIVE ORDER
AND NO~1 T this '7 flv day of October / 1994/ upon
consideration of the Consent Agreement of the Parties in opan
Court in lieu of hearing, the following Order is entered without
admission by Defendant ROBERT L. BIILTIMORE of any of the
allegations of the Petition:
1. Defendant ROBERT L. BALTIMORE is hereby enjoined from
physically abusing Plaintiff or placing her in fear of imminent
serious bodily injury and is exoluded from the residences of
Plaintiff at 34 and 36 East Locust Street, Carlisle,
Pennsylvania, and from the place of employment of Plaintiff at
United Telephone system/ 1201 Walnut Bottom Road, carlisle,
Pennsylvania.
2. This Order shall remain in effect for a period of six
(6) months from the date hereof.
3. The Carlisle Polioe Department and the Pennsylvania
state Polioe will each be provided with a copy of this Order by
counsel for Plaintiff and may enforce this Order by arrest for
indirect criminal oontempt without warrant upon probable oause
that this order has been violated, whether or not the violation
is oommi tted in the presenoe of a police offlcer. In the event
that an arrest is made under this section/ Defendant ROBER'l' L.
I,
,
PLAINTlPP'S
EXHIBIT
j",
, ,'.
..
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'.
,.
, I
"
.,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: ' CIVI,L ACTION - LAW
NO. 94-5591 CIVIL TERM
JANE'!' B. NOCHO,
Plaintiff
ROBERT L. BALTIMORE and
JULIAN O. BALTIMORE,
Defendants
PROTECTION FROM ABU~E
PROTECTIVE ORDER
AND NOW, this 7~ day of Ootober, 1994, after hoarinq,
'.
"
the court finds that Plaintiff is in immediate and prosont danqer
of abuse from Defendant JULIAN O. BALTIMORE, and tho followinq
proteoti ve order is hel.'eby entered:
1. Plaintiff JANET B. NOCHO does not have fundo available
to pay the fees for filing and servioe of tho withJ.n Pot.J.tion IInd
is, therefore, exoused therefrom.
2. Defendant JULIAN O. BALTIMORE is horoby enjoinod from
physioally abusing Plaintiff or plaoing har in fear of imminont
serious bodily injury and is exoluded from tho rooidonoon of
Plaintiff at 34 and 36 East Looust Streot, Carlislo,
Pennsylvania, and from the place of employment ot Plaintiff lit
united Telephone System, 1201 Walnut Bottom ROlld, carliolo,
Pennsylvania.
3. This Order shall remain in effeot for a poriod of six
(6) months from the date hereof.
4. The Carlisle Polioe Department and the Pennsylvania
state Police will each be provided with II copy of this Order by
oounsel for Plaintiff and may onforco thin Order by arrest for
indirect criminal oontempt without warrant upon probable oause
that this Order has been violatod, whClther or not the viOlation
= PLAINTIFF'S
EXHIBIT
S
..,.
_. ,-,
...-.... - ~ 7"1 \l".}
\
\
RF.NUNCT1\'l'ION
In Re Estate of Hildred P. Baltimore, deceased.
To the Register of wills of Cumberland County, Pennsylvania.
The undersigned Robert L. Baltimore, personal representative
of the above decedentT hereby renounces the right to administer the
estate and respectfully asks that Letters Testamentary be issued to
Riohard Miohael Baltimore and Janet B. Nacho.
WITNESS I have set my hand thiB I;' day of 6C ('0/3 kit.. 1994.
=-, ..' "
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l(",~(.,/r.;..1 '-'(I;W:~""IA-c" ~
'(Signature) ~
;l'llrlz (Ji.,,t-; t.o 9 C',d./CL/JlI2, ;//1;
'(Address) ,.
JI,il~ 01~)
~'(-
,~do~rltiil~lb$.t-, G..T (/)~ P;r/7()~
(Address)' I '
'I
I
~ PLAINTIFF'S
I EXHIBIT
i-..}-
"....., ._'.,~, .....,."..." . ....
WAYNE F. SII^IlE
ATrORNUY AT I,AW
.Il WEST I'OMI!RHT STREHl'
CAllI,ISI.H. i'HNNSYI.I'ANIA 11IlIJ
"
1111124).0120
(MOO) l4).0120
PAX (717) Hy,ool7
November 30, 1994
Patrick F. Lauer, Jr., Esquire
Attorney-at-Law
2108 Market street
Camp Hill, Pennsylvania 17011
Re: Estate of Mildred P. Baltimore
"
,.
Dear Pat:
This will acknowledge with appreciation receipt of your.
letter of October 27, 1994.
We apologize for the inordinate and uncharacteristic delay
in our response which is due to the fact that we are presently in
the process cf moving our offices.
We have finally examined the Renunciation which was filed in
the case. While we do not want to split hairs, we think that the
Renunciation should have been in favor of Janet B. Nocho as the
first alternate personal representative and then R. Michael
Baltimore as the second alternate.
The language of the Renunciation as filed would appear to
require that Letters be issued to both Michael and Janet as co-
personal representatives in order for the Renunciation to be
effective. This is not what the Will provides.
In addition, there is the issue of the jeweiry which we
mentioned to Matt Eshelman in our telephone conversation on
November 21, 1994.
Finally, it will be necessary for us to have various
clarifications of Robert's accounting of disposition of the
assets when and if we undertake further administration of this
Estate.
We say when and if we undertake further administration for
the reason that there would presently appear to be no assets to
pay even the Inheritance Tax on the real estate, not to mention
counsel fA6S and other expenses.
"
.. PLAINTIFF'S
i "'"
Wayne ~. Shade, Bsquire to
Patriok F. Lauer, Jr., Esquire
November JO, 1994
Pave 2'
,
"
.<
...
"
We are presently awaiting the' outoome of Janet's attempts to
obtain suffioient funds in order to enable us to settle this
Estate.
In
oonfirm
without
the meantime, the primary purpose of this letter
that we will not be taking any aotion adverse to
further notice to your office. ,
is to
Robert
"
Your patience in this unfortunate matter is appreoiated.
Very truly yours,
Wayne F. Shade
WFS/?t
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Jt'I':OE:':iElI 2, I'll U(ES
? 1 7 2'19 8427
F',03
JACOllSEN & MILKES
52 Enst HJgh Street
Cnrllsle, fA 17013.3085
Tel 717 24!M427
Fa~ 717 249,M27
Samuel W, Mllkes
Andrea (;, Jacobsen
February 16, 1996 ,
Chief Steve Margeson
Borough of Carlisle Police Dapt,
63 West South Street
Cadisle, PA 17013
RE: Richard M. Baltimore and Janet Nooho
Property in question: 36 E. Loauet St" Carlisle
HAND DELIVERED
Dear Ohief Margeson:
I represent Richard M, Baltimore who currently resides at 36 E. Loauet Avenue,
Oarlisle. Mr. Baltimore very recently received a letter from Attorney W~ne Shade on
behalf of Mr. Baltimore's sister, Janet Nocho, who is adminietering the Estate of
Mildred P. Baltimore, Mr, Shade has advised my client that if he doss not vacate the
residence, which WllS owned by Ms, Baltimore up to the time of her death, the police
will be contaoted to remove my client from the premJses and to charge him with
trespassing.
There is qwte e. bit (If history to this case and dJfference in legal position.
However, I want to be certain to advise your department that it Is our position Mr.
Baltimore is a tenant at this property. He has resided at this property for more than
the past year, living next door to bis sister, Janet Nocho, He has paid the utilities
connected with this property, despite the faot that under the mother's will, It was the
sleter's obligation to p~ these utilities. We don't ellpect the police to become involved
in resolving this dispute but we do ineist that the police not involve themselves by
attempting t'o remove Mr. Baltimore or by fIling criminal trespass charges against him,
This matter i& a civil dlspute to be governed by the Landlol'd/Tennnt Act or
proceedings within the Estate of the parties' deceased mother.
r Om hand delivering this letter out of concern that the deadline for Mr.
Baltimore to move out WElS stated as tomorrow, Saturday, February 17, 1996.
Aocordingly, I would ask that you or your designee contact me immediately If you
envision taking action on this should you be contacted over the weekend or anytime
soon by Mr, Shade or Ms, Nocho, Otherwise, I trust you will agree that this is a
PLAINTIPP'S
EXHIBIT
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