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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ss:
COUNTY OF CUMBERLAND
Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the County of
Cumberland, personally came
Leroy r~iller and Herbert F. Mi ller
who. being duly Sworn
, do
depose and say that as
Co-Executors
of the last Will and Testament of
Eva 11. Miller
deceased
they will well and truly administer the goods and chattels, rights and credits of said deceased according to law. And
also will diligently comply with the provisions of the law relating to Transfer nheritances,Sworn and subscribed before me.
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DECREE
Be it remembered that on the
1st
day of_ October
,A.D,.19~, there was probated and
recorded the last Will and Testament of
Eva M. Miller
late of
the Borouqh of Carlisle
, Cumberland County, Pennsylvania,
Leroy Miller and Herbert F. Miller
Deceased. Letters Te stamen tary were granted to
Witness my hand and official seal the day and year aforesaid.
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OATH m' PERSONAL REPRESENTATIVE
ss:
Befor me, the Register for the Probate of Wills and granting of Letters of Administration in and for Ih
who, being duly
, do
depose and say that as
deceased
will well a d truly administer the goods and challels, rights and credits of said ceased according to law. And
also will diligently comply wil Ihe provisions of the law relating 10 Transfer Inheritances. and subscribed before me.
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Register
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DECREE
day of
ill and Testament of
late of
were granted to
s my hand and official seal the day and year aforesaid.
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IN RE: ESTA'l'E OF EVA M.
MILLER
IN THE COURT OF COMMON PLEAS OF
CUMBEUAND COUNTY, PENNSYLVANIA
AN ALLEGED INCOMPETENT
ORPPANS' COURT DIVISION
NO. 242 ORPHANS' 1981
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CITATION
WE COMMAND, you that laying aside all business and excuses
whatsoever, you be and appear in your proper person before the
~',
Honorable Judges of the common pleas Court, Orphans' court
Division at a session of the said court there to be held,
for the county of cwnberland to show cause why she should
not be adjudged an incompetent and a guardian of her estate
appointed; and to shww cause why certain real estate owned by
Eva M. Miller should not be sold, transferred and conveyed by
the guardian.
Hearing on the petition to be held on Monday, the 8th day
,C"
of June, 1981, at 3:00 o'clock, P.M., prevailing time, in
courtroom 2 of the cumberland county Courthouse, carlisle,
pennsylvania.
At least 10 days notice of the hearing shall be given
to Eva M. Miller, the alleged incompetent, by personal service
of a copy of said petition and citation, and by service of
notice upo.n the next of kin who. are sui juris, personally
f,~ ';.:; .
or by certified mail.
witness my hand and offi<<ial seal of office at Carlisle,
pennsylvania this 14th day of April,
1981.
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Inventory of the real and personal estate of
Eva M. Hiller,
deceased
1. All that certain tract of ground situate in North Newton Township, Cumber-
land County, Pennsylvania, improved with house and farm buildings owned in'
name of George E. Miller and Eva M. Miller by deed dated April 27, 1942,
recorded in Cumberland County Deed Book "M", Volume 12, Page 464 containing
166 A, 39 p. minus conveyances:
Deed Book liNn, Volume 9, Page 594; Deed Book "N", Volume 20, Page 365;
Deed Book lIN'l, Volume 20, Page 367; Deed Book "V", Volume 25, Page 464;
Deed Book lip" , Volume 25, Page 326; Deed Book "I", Volume 26, Page 45;
Deed Book "JIl, Volume 26, Page 441; Deed Book "M", Volume 29, Page 564;
Deed Book "pll, Volume 25, Page 124 $145,00 00
2,
Guardianship Account of Peoples National Bank, Shippensburg, Pa., balance
for Distribution per First and Final Account and Schedule of Distribution
of Peoples National Bank, guardian of Eva M. Miller, An Incompetent,
No. 242, Orphans 1981, confirmed November 24, 1981
30
3.
Income of guardianship account from date of account to date of transfer
to E~tate
00
4.
Refund from Forest Park Nursing Home
82 00
5.
Refund from Belvedere Medical Corporation for previous overpa~nent on
account
1 00
6.
All that certain lot or land situate in the Borough of Shippensburg,
Cumberland County, Pennsylvania, known as Garfield Street, Shippensburg,
Pa" being improved with a dwelling house and being jointly owned by
Eva M. Miller and Leroy Miller per deed of John Clever and Pearl I.
Clever, his wife, dated December 20, 1947 and recorded in the Cumberland
County Recorder of Deeds Office, Deed Book ____, Volume ____, Page____.
5,00 00
$173,84 30
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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__H~rbE!,-LF.-J'tiU"-Land-uLE!rQY--Niller:. -" ----- --.-, ----------------------.----
being duly _swcu:n.--------- according to law, deposes a..d s.ys that thoy____-<l~__,_______...__
__~~~to.!.~____._.__________.._u____________ 01 the Est.te of Eva N, Hiller
I.te of __R.__ D,..2, NE!wville, ___________'_, Cumberland County, P." deceased .nd thet tho
within is an inventory made by ._t_I).e.ITl__._____________. _n_ - --'-----, the s.id..execlltarll
of the entire estate of said decedent, consisting of all the personal prop.rly and real estate, except real estate outside
the Commonwe.llh of Pennsylvania, and that the ligures opposite each item 01 the Inventory represent it's f.ir value
as 01 the date of decedent's death,
Sworn
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/ 1 Exocutor . Administrator
-; 1982 __' . .
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tf,1r C CVI-W'''M-''~, '-y OUAM . .(1,1" Add,," as to both)
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and subscribed before me,
Date of Death
11
D.y
September
Month
1981
Year
INSTRUCTIONS
I. An inventory must be filed within three months aller appointment of porson.1 reprosent.tivehi"
2. A supplement inventory must be filed within thirty days of discovery of addition. I .ssets. S(:
. ,
3, Additional sheets may be allached as to personalty or realty ~'
4. See Article IV, Fiduciaries Act of 1949,
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REV.1500 EX + (9.811
BUREAU OF EXAMINATION
P~NNSYLVANIA DEPARTMENT OF REVENUE
P ,0, BOX B327
HARRISBURG, PA 17105
Oecedenl" Name I la,t, First, and Middle Initiall
DECEASED L r ~ V .
Social Socurity Nu ber Date of Death
111-l-\d.-(j~1~ 0 -ll-S?
INHERITANCE TAX RETURN
RESIDENT DECEDENT
CHECK
1. Original Raturn [!]
2, Supplemantal Return D
3, Remainder Return D
4, Life Estate D 5, Federai EstataTax D
Return Required,
6. Dacedent died testate I.Il 7, Decedant maintain ad a living D 8, Numb" of safe deposit D
IAttach copy of Will) W trust IAttach copy ef trust! boxes inventoried
All correspondence and confidential tax information should be directad to:
APPRO.
PRIATE
8lDCKS
CORRE-
SPONDENT NamaJo
Telephona No,
Recapitulation
1, Real Estate (Schedule A) 11)
2, Stocks and Bonds (Schadule 8) I 2)
3, Closaly Held Stock/Partnership Intarest (Schadule C) I 3)
4, Mortgages and Notes (Schedule D) 14)
5, Cash & Miscellaneous Personai Property (Schadule E) ( 5)
RECAPIT. 6, Jointly Owned Property ISchedule F} I 6}
UlATlON 7, Transfars ISchedule G} (7)
8, Total Gross Assetsltotal lines 1,7}
AND 9, Funeral Expenses Administrative Costs/Miscellaneous
Expenses (Schedule H) I 9)
TAX 10, Debts/Mortgages/Liens (Schedule II 110)
11. Total Deductionsltotallines 9 & 10}
12, Net Value of Estate lline 8 minuslina 11)
CALCU- 13, Charitable Bequests (Schedule J)
LATIDN 14, Net Value subject to tax lline 12 minus line 131
fll
File Number .2J ~ -(}a 4.1.
Decedant's Address
R,1), ~
I\.l e.WV jilt, P A
nJ. 4- (
City
State
\ 1.\-'5 D 00.0 0
I
d-.3, 'i\' It\? ,510
5jODO .OC)
( 8) 113. ~1.\8',5(P
,
(11) 14-J 3.15,g/
(121 15''=I,5.:1,:;}.15
(131
(141 I!')'f) 6.a~.1-S
x,06= t1,51/.37
x.15=
(17) Cf, '5~/.37
Computation of Tax
15, Amount of line 14taxableat 6% rata 1151-11"'1,5;)'::/. 76
linclude values from Schedule K}
16, Amount of line 14 taxable at 15% rate 116)
linclude values from Schedule K)
17, Principal tax due (add tax from line 15 plus tax from line 16)
18, Total Prior payments:
(a) Amount Paid
(bl Plus Discount
(c) Minus Interest 118)
19, 8alance Due lline 17 minu.line18) (19)
Make Check Payable to: Register of Wills, Agent
* * * PLEASE RECHECK MATH * * *
Zip
Under penalties of perjury,l declare thaI I have examined this return, including accompanying schedules and statements, and to the best of my knowledge
and belief, it is Irue, rrect, and complete, Declaration of pre parer other than the personel representative is based on all information of which preparer has
any knowledge,
SIGNATURE 0
TATlVE(SI
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
ADDRESS
DATE
ADDR ESS
DATE
PENNSYLVANIA INHERITANCE TAX GENERAL INFORMATION
1. PERSONS RESPONSIBLE FOR RETURN
Section 701 of the Inheritance and Estate Tax Act of 1961 provides thilt the lollowing persons shall prepare and file
a return:
a. The personal representative ollhe estate of the decedent ilS 10 property of the decedent adminislered by him
and such additionill properly which is or may be subjeclto Inheritance Tax 01 which he/she shallllilve or
acquire knowledge;
b. The liilllsferee of properly upon Ihe transfer 01 which Inheritilnce Tax is or may be imposed by the 1961 Statute,
including a trustee 01 property lrilnslerred in trust, provided that no separilte relurn need be made by the transferee
of property included in the return of a personal representative,
2, PLACE FOR FILING
The return is to be filed in duplicale willi tile Register ot Wills of the county wherein the decedent resided,
3, TIME FOR FILING
The retuln is due nine monlhs after lhe decedent's death, unless an extension for filing has been applied for and
granteu by tl18 Secretary of Revenue wilhin IIle nine-month period,
4, FAILURE ~O FILE RETURN
Section 791 of the 1961 Statute provides that" , , ,any person who willfully fails to file a return or other report
reuuired of him, , ,shalllle personally liable, , ,to a penalty of 25% of the tax ultimately found to be due or $1,000
whichever is the lesser 10 be recovered by the Department of Revenue as debts of like amount are recoverable by
law."
5. TAX RATES
Inheritance Tax is payable at the rale of 6% on transfers to lineal descendants, such as father, mother, husband, wife,
son, daughter, grandchildren, grandparent, son.in-iaw and daugtlter-in-Iaw and at the rale of 15% as to all others,
6. PAYMENT OF TAX
The tax assessed on the transfer of property reported in the return is due 9 months after the decedent's death, Interest
at the rate of 6% per annum accrues thereafter until payment is made, All payments received are first applied to any
interest which may be due with any remainder applied to the tax. IF TAX IS PAtD WITHIN 3 MONTHS AFTER THE
DECEDENT'S DEATH, A DISCOUNT OF 5% OF THE TAX PAYMENT IS ALLOWED,
All checks should be made payable to the Register of Wills of the county wherein the decedent resided and are
received subject to the final determination of the Department of Revenue,
7. FAILURE TO PAY
The taxes imposed, together with any interest thereon, are a lien upon real property, which lien remains in effect until
the taxes and interest have been paid in full. The taxes may be sued for against any real property in the decedent's
estate or against any property belonging to a transferee liable for the tax,
8. FILlNGOF FALSE RETURN
Any persen who willfully makes a false return or reporl required of him shall, in accordance with Section 793 of the
1961 Statu'_e, he guilty of a misdemeanor and, on conviction thereof, shali be sentenced to pay a fine not exceeding
$1,000 or undergo impri sonl1lenl not exceeding one year or bolh,
QUESTIONS CONCERNING PROPERTY TRANSFERS
1. Did decedent, within two ye~rs of de~th, lII.Jke ~ny tr,lnslel of :my 1I1<1leli:ll P,llt at his eslate without receiving
valuable and adequate consideration? (Answer "Yes" or "No" )-NO-
2, Did decedent, within two ye~rs of de~th, trmlster property Irolll hiln;,el t, Ilcr,;ellto himselt/hersel f and ~nother pmly
or p<1rties (inclulling a spouse) in joint ownerslllp? II\n:,wl~1 "Yes" 01 "No",) _.NIl._
3, If the answer to one or two :liJOve is "Yes" :1t1d tile !r;ill':!i;IS ;lin '..I;,ililed 10 ill: nont;lx:1hle, plovide the lollowing
information:
a. Age of decedent ~t time of transfer, JJl.1,..,_
b, Copy of death certi licale,
c, Affid~vit hy the attending physician indic~ting the st:1le 01 decedent', h!:alth <It lime oi transfer,
d. All other information supporting nontax~hilily 01 Iianstel.
4. Did decedent, in his/her lifetime, lIIake any (I;mslel or property withoul reclJivlIlg ,1 viI/oilhle or ildequale consideration
therefor which was to take effecl in possession or enjoYlllent ~t or after !lls/her de~lIl? (Answer "Yes" 01 "No",) No
a. Was there any possibility that the properly Imnsferred lIIight relnm 10 lr~nslcror or his/ller estate or be subjecl
to his/her power of disposition? (Answer "Yes" or "No",) No
b, What was the transferee's age al time of decedent's rle:1111? --1i/-A--
5, Did decedent in his/her lifetime nwke any transfer wilhout roceiving iI valuable ~nrl adequate consideration therefor
under which transferor expressly or impliedly reserves for his/lief lile or :IIlY peried which does in fact end before his/her
death:
a, The possession or enjoyment 01 or the right 10 incollle from the properly Iransferred? (Answer "Yes" or "No" ,) ~
b. The right to designate the persons who shall possess or enjoy the property transferred or incollle therefrolu?
(Answer "Yes" or "No".) No
6, If the answer to five b, alme is "Yes," state wllether Uw right ',vas reselved in dccedent alone or others, N/A
7, Did decedent in his/ller lifetime m~ke a transfer, Ihe consideration for which WilS tl:1nsleree's prolllise to pay income
to or for the benelit or care of transferor? (Answer "Yes" or "No",) No
8. Did decedent, at any tillie, trnnsler property, the hmeficiill enjoyment of which was subject to change, because of
a reserved power to alter, amend, or revolle, or which coulrl revert to decedent under terllls of transfer or by operation of
law? (Answer "Yes" or "No" ,) No
9, If the answer to eight above is "Yes," was the power 10 alter, ~mend or revoke the interest 01 the benelicimy reserved
in the decedent alone or the decedent and others? (Answer "Yes" or "No" ,) N/A
REV.~54 (1.80)
COMMONWEAL'TH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "E"
JOINTL Y OWNED PROPERTY
.
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, ,
, .
(Instructions on ROVl!rSe SidoJ
Estate of Eva M. Niller , Estate No. 21-81-242
P
TOTAL E VALUE OF DEPARTMENT
R
ITEM DESCRIPTION MARKET CE DECEDENT'S VALUATION
NO, VALUE N INTEREST IOfficial Use Dilly)
T
-
All that certain lot or land situate in the $ 10,000.00 50% $ 5,000.00
Borough of Shippensburg, Cumberland County,
Pennsylvania, known as Garfield Street,
Shippensburg, Pa., being improved with a
dwelling house and being jointly owned by
Eva M, Niller and Leroy Miller per deed of
John Clever and Pearl I. Clever, his wife,
dated December 20, 1947 and recorded in the
Cumberland County Recorder of Deeds Office,
Deed Book , Volume , Page .
- - -
:
"
--
TOTAL THIS PAGE $ 5,000.00 ,
INSTRUCTIONS FOR COMPLETING SCHEDUI.E "E"
Schedule "E" must include all property, real and persDnal, Dwned by the decedent jointly with anDther
party or parties as joint tenants with right of survivorship, Botl1 tangible and intangible property are to. be
included, List real estate first.
1, Describe all real property as indicated in the instructions lor Schedule "A", Describe all persDnal prDperty
as indicated in the instructions lor Schedule "B", Include the name, address and relationship to. the
decedent of the CO-Dwner {sl and the date the joint Dwnership was established.
2. Indicate the total market value o! the jointly owned property,
3, Indicate the percentage Df the decedent's interest,
4, Indicate the market value of the decedent's interest,
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GENERAL INHERITANCE TAX INFORMATION
Unsatisfied liabilities incurred by the decedent prior to his/her death are deductible against his/her taxable estate,
In addition to. debts incurred by the decedent or estete, other items are claimable including the cost of administration,
attornev fees,liduciary fees, lunerei and burial expenses including the CDSt 01 a buriallDt, tDmbstone Dr grove marker,
All debts being claimed against an estate are subject to the apprDval of the Register 01 Wiils with whDm the
Inheritance Tax Return Is filed, Evidence to suppDrt the decedent's or the estate's liability 10.1' the debts being claimed
should be attached to' this schedule,
A familv exemption Df $2,000 may be claimed bV a spouse of a decedent who died domiciled in Pennsvlvania.
If there is no spDuse, Dr if the spouse has forleited his/her rights, then any child Df the decedent who is a member of
the same househDld can claim the exemption, In the event there is no such spouse or child, the exemptiDn can be
claimed bV a parent or parents who. are members 01 the same household as the decedent,
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INSTRUCTIONS FOR COMPLETING SCHEDULE "F"
1, If the familv exemptiDn is being claimed, indicate the claimant's name, addre~s and his/her relatiDnship to the
decedent, Enter "Iamilv exemption" in the remarks column and the amDunt claimed in the amount column,
2, Assign consecutive numbers to each item listed,
3, Enter the date on which each debt was incurred and/or paid,
4, Enter the names of each payee,
5, PrDvide a brief explanation in the remarks column fDr each debt claimed,
6, Enter the amount 01 each debt being claimed,
7. The fDrm must be signed by the person who has assumed the responsibility fDr paving the debts,
IN RE: EVA M, MILLER,
An Alleged Incompetent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS ", COURT DIVISION
AFFIDAVIT OF ACCEPTANCE
I, John McCann, president of the People's National Bank
of Shippensburg, Pennsylvania, being first duly sworn according
to law, do state the following facts to be true and correct to
the best of my knowledge, information and belief:
1. The proposed guardian, people's National Bank of
Shippensburg, cumberland County, pennsylvania, is a duly con-
stituted banking institution under and in accordance with the
laws of this Commonwealth and having the necessary trust powers
to act as guardian of the Estate of Eva M. Miller.
2. people's National Bank of Shippensburg, Pennsylvania
has never previously been appointed by this or any other Court
to act as guardian of the Estate of Eva M. Miller.
3. People's National Bank, the proposed guardian, has
no interests adverse in any manner to those of Eva M. Miller.
4. people's National Bank has been contacted by your
Petitioner through counsel, John McCrea III, and will accept
the appointment by this Court to serve as guardian of the
",.Illl/II"'I, .
~~~~~;,:~{ Eva M. M~ller.
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", .'.~#.~~~,~~6'.' and subscribed
JOHN McCREA III before me a notary public
ATTORNEV A T LAW
NEW,,,,,&S"'PPENSBU"G this 6th day of April, 1981-
PENNA
/J-~-,~ )lJ? tJ~4l~~o
Notary pubhc
My commission expi,:-es:
./
,~
(/ John McCann
President
people's National Bank of
Shippensburg, Pennsylvania
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PATRICIA M, WINTERS, Nolary Publlc-
Southampton Township, Franklin County.
My commission expires FebruarO 1, :l98S
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INDEX TO WITNESSES
FOR THE PETITIONER
Philip M. Carey
Paul L. Fogelsanger
Betty J. Hancock
Alan D. Rhinehart
DIRECT
5
9
16
24
CROSS
REDIREC~' RECROSS
INDEX TO EXHIBITS
NUMBER FOR IDENTIFICATION IN EVIDENCE
FOR THE PETITIONER
No. 1 - Affidavi t of Service 3 26
No. 2 - Affidavit of Service 3 26
No. 3 - Agreement of Consent 3 26
No. 4 - Affidavit of Physician 3 26
No. 5 - Subdivision plan 3 14
-2-
June a, 1981
Carlisle, Pennsylvania
MR. MC CREJ\: I ask tha t these documents be marked
Petitioner's Exhibits number one through five for identification.
(Whereupon, the documents were
marked Petitioner's Exhibits No. 1
thru 5 for identification.)
properties owned by Mrs. Miller.
MR. /1C CREJ\: May it please the Court, this is the time
and place set for the hearing on the petition of Betty Hancock to
,declare Eva M. Miller an incompetent and to approve the sale of two
In that connection we would recite that the original
petition contains the original affidavit of acceptance by the People's
National Bank of Shippensburg, Pennsylvania, the proposed guardian.
Present here in the Courtroom today is Alan Rhinehart who is
Assistant Trust Officer of the subject institution.
Also attached to the original petition are agreements of
consent by Herbert F. Miller and Leroy Miller who are next of kin
of Eva Miller, along with the petitioner, Betty Hancock. Betty Hancock
and Mr. Leroy Miller are present in the courtroom today.
In addition, Your Honor, I have had marked as Petitioner's
Exhibit number one and submit to the Court an affidavit of service
showing that service of the preliminary decree, Petition for Appoint-
ment of Guardian and Citation, were served upon the alleged
-3-
incompetent, Eva Miller, personally by me on Thursday, May 14, 1981,
at or about 11:20 a.m., at the Forest Park Nursing lIome.
In addition I have an affidavit of service, which is marked
as Peti tioner' s Exhibi t number two, showing tha t the preliminary
decree and petition were served by certified mail upon all of the
next of kin: Herbert Miller, Leroy /-liller, Louise llenderson, and
Betty Hancock, mentioned in the petition.
I have also marked, Your llonor, as petitioner's Exhibit
number three an agreement of consent obtained from Louise M.,lIenderson.
At the time we presented the petition we had not obtained her consent
but have it now and present it as Exhibit number three.
Finally, as Petitioner's Exhibit number four we have an
affidavit of physician made by Philip D. Carey, M.D. We submit that
to establish the fact that Mrs. Miller is not able to be present
today and that it would do her no physical or mental good to be
brought from the Forest Park Nursing Home and to attend this hearing.
TilE COURT: I think, Mr. lo'lcCrea, we will take care today
of the appointment of guardian. I think we are going to need separate
petitions on the private sale of the real estate.
MR. MC CREA: We do have a professional real estate
appraiser present today who is prepared to give his testimony.
THE COURT: I think our rules require that the affidavits
of two realtors be attached to the petition.
-4-
MR. MC CREA: Well, if I may be heard on that, at the
appropriate time I'd speak to it, Your Honor, and we would call
as our first witness Philip carey, M.D.
Whereupon,
PHILIP D. CAREY
having been duly sworn according to law, testified as follows:
DIRECT EXAMINATION
BY ~lR. MC CREA:
Q, Dr. Carey, will you state your full name.
A, Dr. Phi lip D. Carey.
~ What is your professional address?
A. 850 vlalnut Bottom Road, Carlisle, pennsylvania.
Q, Would you briefly give us a statement of your qualifications
as a medical doctor.
A I graduated from medical school in 1972 from Case Western
University in Cleveland, Ohio. I received my training in internal
medicine at the University of pittsburgh and have been practicing
medicine since August of 1980 as a Board certified internist with
Dr. Joseph Green at the Belvedere Medical Center.
Q, In tha t connection, Dr. Carey, have you had occasion to
see Eva M. Miller as a patient?
A. Yes, I have seen Mrs. Miller on a monthly basis since
August of 1980.
-5-
~ Ilave you also had available to review your predecessor's
office records, namely, Dr. Jurgensen's records who treated her
from '78 through 'BO?
n. Yes, I have reviewed the charts that we have in our office
that go back to 1977.
Q, As a result of your examination of Mrs. Miller, your
perusal of the records, do you have an opinion based upon reasonable
medical certainty as to the present state of Eva M. Miller's mental
condition?
A, I feel, based on the past information and on her present
clinical examinations at Forest Park Nursing Horne, that Mrs. Miller
suffers from senile dementia due to atrosclerotic vascular disease.
~ Does she at the present time respond to command, verbal
command?
A. I have examined Mrs. Miller monthly, and during examinations
she has been noncornmunicative; does not respond appropriately to spoken
words or to verbal commands; does not recognize members of the family
or members of the nursing staff at Forest Park who take care of her
daily; and requires total nursing care for the performance of the
activities of daily living.
~ Based upon your observation of Mrs. Miller and your
examination of her, have you been ablc to form an opinion as to
Mrs. Miller's mental competency?
-6-
~ I feel that Mrs. Miller in hcr current mental state is
unable to make rational decisions and is not mentally competent,
~ Is there any prospect of her regaining any degree of
mental competency in the forseeable future?
A, As the record s ta tcs, she has had to be above mental
deterioration since 1977, and as such it is unlikely that she will
have any return of mental capacity in the future. It is more likely
that she will continue to deteriorate.
~ In her present condition would Mrs. Miller be easily taken
in, shall we say, by artful or designing persons?
A, Yes.
~ Do you feel that a guardian should be appointed to care for
her estate?
A. Yes, I do.
MR. MC CREA: I have no further questions of Dr. Carey.
Does the Court have any questions of him?
BY THE COURT:
~ ~he petition that I have, Dr. Carey, indicates that
Mrs. Miller owns a one and one-half story brick house that apparently
is now being rented; she also owns a farm of approximately 160 acres
more or less in North Newton Township. In your opinion in her
present condition would she be able to make a responsible decision
concerning the management of property such as this?
-7-
A, No, she would not.
Q, Is Mrs. ~liller confined pretty much to her room, or do
they wheel her around in wheelchairs to othcr places?
A, She is pretty well confined to her room and to the chair
that is next to her bed. She does not take part in any activities
that occur at the nursing home.
TilE COURT: I have no further questiDns, Dr. Carey.
Thank you, you are excused.
(Witness excused.)
MR. MC CREA: If it please the Court, I have asked to call
Paul L. FDgelsanger, a professional real estate broker and appraiser,
to give testimony concerning his opinion of the fair market value of
the two properties that are concerned.
As I read the Incompetence Estate Act and the local rules,
the twin affidavits are a requirement where the petitioner is a
personal representative, and it does not appear to be mandatory that
that requirement must be served where a guardian is requesting
relief to sell at private sale.
If the Court does require a second opinion, I'd ask leave
to have M~. Fogelsanger's sworn testimony received at this time, and
we can with little trouble at all supply a secDnd professional affidavit
concerning the fair market value.
THE COURT: I think that sounds reasonable. Let's go
-8-
ahead and put his testimony on the rccord today. Thereby he won't
have to come back under any circumstances.
HR. ~IC CREA: 'I'hank you. 1-Ir. Fogelsanger.
Whereupon,
PAUL L. FOGELSANGER
having been duly sworn according to law, testified as follows:
DIRECT EXAMINATION
BY I~R. MC CREA:
~ state your full name for the record, please.
A Paul L. Fogelsanger.
~ What is your address, sir?
A, Office address, 34 West King street, Shippensburg.
~ What is your occupation and profession, sir?
A, Real estate broker.
Q, How long have you been employed in that profession?
A. I became a licensed broker in 1948 and continued since that
time either whole or part-time as a real estate broker.
~ In that connection, sir, have you performed real estate
appraisals throughout your career?
A. That I have.
Q, Are you familiar with the location of the subject properties
owned by Eva M. Miller?
A, Yes, I am.
-9-
Q, Were you requested to make a professional appraisal of
the one-and-a-half-story brick home owned by Mrs. ~Iiller and the
farm property of approximately 160 acres, both located in North
Newton Township, Cumberland County, Pennsylvania?
A, Yes, I was asked to appraise those two properties.
~ calling your attention first to the farm property, could
you briefly describe the particular characteristics with regard to
buildings and improvements of that property?
A, All right, the farm property consists of a two-story brick
dwelling with a bank barn. The barn is unimproved as far as dairying
is concerned and in need of repairs. There are out-buildings. The
barn is frame; there are frame out-buildings. It is a slate land
farm. Much of it is covered with timber and pasture.
~ Would you have a percentage of acreage that is under
cultivation at this time?
~ There is approximately 101 acres of farmland, 42 acres of
woodland and pasture, about eight acres of timberland. I didn't add
that all up to see how we come out.
THE COURT: The 42 acres, is that all pasture.
THE WITNESS: That's all pasture and wooded, scrub.
TIlE COURT: When you say eight acres of timberland, do
you mean big trees?
THE WITNESS: That's right.
-10-
(Document handed to witnes&)
BY r'lR. MC CREA:
~ I will present to you what has been marked as petitioner's
Exhibit number five for identification purposes and ask whether you
had a copy of this subdivision plan available to you at the time you
made your appraisal?
L Yes, I have a copy of that.
~ When did you make your examination and appraisal of the
subject properties?
A, Two years ago, back in '78 I made an appraisal and then
just Saturday I was back to review the layout again and to make
certain there had been no changes. I would say that the buildings
there have been, in my view, no repair work done to the buildings
in the two-year period.
Q, On the basis of your examination and appraisal, do you
have an opinion as to the fair market value of the farm property
as of Saturday, June 6, 1981?
A. I have an opinion. In my judgment, the value would not
exceed one-hundred and forty-five thousand, market price today.
~ The petition for appointment of a guardian contains an
allegation or an averment that the property has been offered to be
sold at private sale for one-hundred, forty-four thousand dollars.
Mr. Fogelsanger, in your professional opinion, would that property
-11-
bring more than one-hundred, forty-four thousand at public sale?
~ No, it would not, in my judgment.
~ What are the factors that would cause you to have that
judgment?
A, At a private sale with an eEfort made to seek out competitive,
interested people in working to bring out the best price, I would say
that privately you would get top price.
~ Would the state of repair of the buildings and the amount
of land under cultivation be a factor which would detract from a
public sale offering?
A, Very definitely.
~ Let me call your attention now to the one-and-a-half-story
brick home, which appears on that subdivision plan as Lot No.8, and
ask whether you have had an occasion to appraise that property as well?
L Yes, sir, I have.
~ When did you do that?
A. Again, I looked that over two years ago and then again on
Saturday, June 6th.
~ Describe the characteristics of that home, if you will, please.
A, It's a one-and-a-half-story brick,composition shingle roof,
rectangular-shaped home, and standard construction I would say, not
elaborate.
~ What are the approximate dimensions of that structure?
-12-
I:;
iI, I' In sorry, I don't have the dimensions here. I would say
about 24 x 30, approximately.
~ By "one-and-a-half-story" do you mean that the top floor
is dormered?
A, I have the square-footage, if I may.
~ All right, would you give us that, please.
A, It contains approximately 864 square-feet of living area,
which includes a kitchen, living-room, two bedrooms and one bath.
It has a full basement which is unfurnished, an oil-fired hot water
baseboard heating furnace. The water is supplied by a well. There
is approximately one acre.
Q, \~hat is the approximate age of that structure, if you know
or have an opinion?
A. I don't have it written down.
~ Could you tell us what state of repair it is in?
A, It's in fair condition.
~ Is there a garage?
A, No garage.
~ Any carport?
A, No.
~ On the basis of your examination and appraisal of this
property, do you have an opinion as to its fair market value on
Saturday, June 6, 1981?
-13-
A, Yes, I do have an opinion, and I would say the value of
that property would not exceed twenty-five thousand market value today.
Q, The petition, again, avers an offer of purchase privately
for twenty-five thousand dollars. In your opiniDn would this property
bring more than twenty-five thousand dollars if expDsed for public sale?
A, In my opinion I do not think it would bring more than that.
MR. MC CREA: We have no further questions. If it please
the Court, we would offer in evidence pctitioner's Exhibit number five
and represent to the court that that is an approved subdivision. It
has been filed of record in the Recorder of Decds Office just as of
June 1st Dr 2nd. I don't have the plan book and page number.
THE COURT: I just have one or two questions here, Your
exhibit is admitted.
(Whereupon, the'document marked
petitioner's Exhibit No.5 for
identification was received in evidence.)
BY THE COURT:
~ FDr the record, have you ever sold any farms in North
Newton Township?
A. NDt right in North Newton, sir, but I've done appraisals
in that area.
~ Have you sold farms in that area of Cumberland county
in the past?
A, Yes, not in North Newton but in a radius of five to seven
miles.
-14-
~ The exterior of the house on the approximately one-acre
tract, is that all brick?
A. Just up to what we would say the square roof line --
the slope of the roof.
~ with the values of real estate is they are today, why do
you feel it is only worth twenty-five thousand dollars?
A. It's very small; the location; the depressed state of
real estate sales right now, not good; the high interest rates.
~ Do you know, personally, any of the people who are involved
in this proceeding?
A, Just in a casual way.
~ Do you know the Reids who apparantly wish to buy the house
on the one-acre tract?
A No, sir, I don't.
~ Do you know Mr. Leroy Miller who proposes to buy the farm?
A. I met him two years ago, and, I guess, I hadn I t spoken to
him until we came in the courtroom today.
~ Did you know the mother, Mrs. Miller?
A No, I didn't.
THE COURT: That is all the questions I have. You may
step down, thank you.
(Witness excused.)
~IR. MC CREA: Let me call now, Your Honor, the petitioner,
Betty Hancock.
-15-
Whereupon,
BLT~'Y J. HANCOCK
having been duly sworn according to law, testified as follows:
MR. MC CREA: Let me state, Your Honor, just as a preliminary
matter prior to Mrs. Hancock's testimony that her mother has been in the
nursing home since 1978, and it was a matter of what was felt to be
common knowledge that a power of attorney existed from Mrs. Miller to
one or more of her children until such time as the children tried to
find it. At that time it was discovered that they had been operating
for all those years __ since even prior to '78 on -- simply with a
checking account which was in joint names. Obviously not a document
"
that would permit the sale of real estate.
It was after that that [~rs. Hancock came to us and we
prepared and submitted this petition.
DIRECT EXAMINATION
BY MR. [~C CREA:
A. Betty J. Hancock.
~ Are you and Mr. Leroy Miller, Mr. Herbert Miller, and
Louise Henderson all of the next of kin of Eva 14iller?
A Yes, we are.
~ Are there any deceased children of Eva Miller?
A, There is three but they all died as babies before I was
even born.
~ So, to your knowledge, there are no children of deceased
children of Mrs. Miller living who would have an interest in her estate?
-16-
A, No, none of them more than two-years-old.
~ Have you, since Mrs. Miller was put in the Forest Park
Nursing Home in 1978, visited her regularly?
~ Yes, I do, several times a week.
~ Do you agree basically with the description and opinion
given by Dr. Carey concerning her mental competency?
A. Yes, mother hasn't known me for over three years. She will
smile at me but she does not know that I'm Betty, her daughter.
~ who has been taking care of her personal affairs since she
was admitted to the nursing home?
A, Well, my brother, Herb, has been making out the checks,
but, really, as far as buying things for mother, I would always get
things, give him the bills, he would make me out a check for it;
you know, make out checks to pay her bills which we have done for the
last four years since my father died.
~ Has Mr. Herbert Miller been one of the signature signers
on the joint checking account at people's National Bank in order to
do that?
~ Yes, he has.
~ You have avered in the petition that Mrs. Miller owns
the one-and-a-half-story brick house in North Newton Township about
\~hich ~Ir. Fogelsanger testified. Are the Reids presently living there?
A. Yes, we ren ted it to them over two years ago. I had mother
-17-
a few years ago when he got out of the service. She owned half and
he owned the other half.
~ Is that located on Garfield Strect in the Borough of
Shippensburg?
A, Yes, it is.
Q, Is that producing any rental income at the present time?
~ No, not at this time. It hasn't since the beginning of
last year. I had people renting it at that time but they gave a lot
of bad checks, and I know it was a good six months before I could get
them to move out.
Then I spent last sumn\er working on the place and I put it
up for sale with Fogelsanger in Shippensburg.
~ You have no present agreement of sale cr offer to purchase
that particular property from anyone?
A, NO.
~ Would it be the desire of the four children to have that
sold if a buyer could be obtained?
A. Yes.
~ What relationship, if any, are Dan and Debra Reid to
yourself?
A, That is my daughter and son-in-law.
~ Have the four children agreed among themselves that these
prices which are listed in the petition -- twenty-five thousand for the
brick home and one-hundred and forty-four thousand for the farm real
-19-
estate -- are acceptable to all of you?
A, Yes, we all agreed on that and that's when Leroy offered
to buy the farm and my daughter and son-in-law offered to buy the
house after we had had th appraised.
Q, Has it actually been aloost two years since the initial
appraisals were obtained?
A, Yes.
~ When was the appraisal obtained upon which you based your
decision to offer the brick home to Dan and Debra?
A, I don I t remember, it's been about two years. But see it's
been over a year -- I had to get that house surveyed off the farm
first because that was never surveyed at all. They just built it on
the farm and lived in it. Well, then I had trouble getting it surveyed
off because of the lane. It's been about a year since I started with
this to sell it to get to the point where we are now.
~ It has taken you approximately that long to get
subdivision approval?
A, Yes, because the house sets along an old lane that runs
back to the farm. That was what my trouble was.
~ You heard Mr. Fogelsang testify about the farm buildings
being in some disrepair. Have you examined them recently?
A, Yes, the barn is very bad. The house, there has never really
been anything -- the kitchen has had some remodeling done but other than
that, nothing.
-20-
~ Has that house been the way it is now for a good many years?
II, The house was the same inside except for the kitchen when
I was young.
~ So that's the place where the Miller children were born and
raised?
A, Yes, it was our grandfather's farm.
~ And is it your desire that Eva Miller have a guardian
appointed?
A, Yes.
Q, Who do you propose to have the Court appoint?
L The people's Bank where she always dealt.
MR. MC CREA: I have no further questions, Your Honor.
BY THE COURT:
~ Mrs. Hancock, do you live near the farm?
A, Yes, I live in one of those houses marked there.
~ Is your husband Bruce Hancock?
A, Yes, Bruce Hancock. Now, I live along 641. I also have a
son, Bruce, that's back along the dirt road. It would be the next
house to number eight, but I don't know what the number is on there.
~ That would be number six. Your brother, Leroy, that has
offered to buy the farm, how long has he lived on the farm?
A, It would be about 23, 24 years. He moved on the farm when
they built that house.
-21-
D And your brother, Herbert Miller, he also lives in one of
these properties right around the farm; I think it's number two on here;
is that correct?
~ He doesn't live there, one of his daugthers is living there
but that is his place.
D His address would be R.D.2, Newville?
A, Yes, he lives just about a mile up the road from the farm.
D And your sister, Louise Henderson, her address is given as
Star Rte, Upper Strasburg; is that correct?
A, Yes.
Q, Where is that located?
A, It's over around Goose Valley, over across the mountain.
D Is that in Perry county?
A, Yes.
D Do you recognize her signature?
A, Yes.
D We have an Agreement of Consent which Mr. McCrea has given
to me today. Would you believe that that would be the signature of
your sister?
A, Yes, it is. She stopped at my house the day she was going
down to sign it.
D Do I understand that you and your sister, Louise, and your
two brothers have both consulted concerning the disposition of these
two properties, and the'two of them that are not here today are in
-22-
agrecment as well?
A Yes, they are.
~ Was there any discussion at all concerning the house at
Shippensburg that your mother has a half interest in?
~ Well, we have it up for sale with a realtor but there's
been no one wanting it. It's very old. I did do some repair work on
the inside but it's in very bad shape too,
~ Do you believe that your mother's presence in court today
would have been of any help to her. Would she in any way have
understood what is going on?
A, No, no way. She would have smiled but other than that she
would not have been aware of anything.
NR. MC CREA: For the record, I would state that Nrs.
Henderson carne to my office and personally signed that paper in my
presence, Your Honor. At the time she advised me that her mailing
address was 9334 Upper Horse Valley Road in Upper Strasburg, pennsylvania,
zip code 17265.
Thank you, Nrs. Hancock, you are excused.
(Witness excused.)
NR. MC CREA: Your Honor, I would also represent that the
property in question which was originally deeded to George E. Miller
and Eva M. Miller, his wife, by deed dated April 27, 1942, and recorded
in the records of the Cumberland County Recorder of Deeds in Deed
Book [4, volume 12, page 464, had a net acreage in 1942 of 165 acres,
22 purchased. The 160 acres more or less was arrived at by attempting
-23-
to deduct the various lots which were subdivided and taken off,
including lot number eight.
'rI-IE COURT: Do you have any further witnesses you would
like to call?
MR. Me CREA: I would just, since Mr. Rhinehart is here,
call him briefly as a representative of the proposed guardian.
\~hereupon ,
ALAN D. RHINEHART
having been duly sworn according to law, testified as follows:
DIRECT EXAMINATION
BY MR. MC CREA:
Q, state your full name, please.
A Alan D. Rhinehart.
~ What is your business address?
A 3539 King Street, Shippensburg.
Q, What is your occupation and profession?
A, I am the Assistant Trust Officer and Assistant Cashier,
People's National Bank.
~ Who is the trust officer at your institution?
A Ellis Peiffer (phonetic spelling).
~ Have you and Mr. Peiffer and myself discussed the matter
of your appointment, or your proposed appointment as guardian of the
estate of Eva Miller?
A Yes, we have.
-24-
~ Is the People's National Bank agreed to accept this
appointment if the Court makes it?
A, Yes, we are.
B Does your bank provide full trust services as far as
investment advice and other trust and services are cDncerned?
A, Yes, we do.
Q, How long have you personally been employed as an assistant
trust officer?
A. I began working in the Trust Department in 1974.
Q, Are there any other officers besides yourself and
Mr. Peiffer?
A. No other officers; we have a secretary that does most of
the posting and other miscellaneous duties.
~ The fees which your bank would charge for performing this
service as guardian, are they in line with the similar fees that other
financial institutions in the area would charge for similar services?
A. Yes, I believe so.
MR. MC CREA: Would the Court be interested in knowing
exactly what the guardianship fees are?
THE COURT: No, I would not.
MR. MC CREA: I have no further questions then for
Mr. Rhinehart.
THE COURT: I just have one or two.
-25-
JOHN McCREA III
ATTORNEY AT LAW
NEWVILLE & SHIPPENSBURG
PENNA
12, 1981, and recorded in the CuniJerland County l~cordcr of lXleds OffiCE,
Plan Book 40, Page 11, more particularly bounded and described as follCMS,
to wit:
BEGINNING at a nail in the centerline of Pennsylvania Route 641
thenCE over and along the said CEnterline South seventy-seven (77)
degrees, nine (09) minutes, two (02) seconds \Vest, a distance of
one hundred and three and fifty-seven hundredths (103.57) feet to
a point; thence continuing along said centerline of Pa. Route 641
South seventy-eight (78) degrees, eight (08) minutes, two (02)
seconds \~est a distance of sixty-four and ninety-two hundredths
(64.92) feet to a point; thence along said centerline of Pa. Route
641 South eighty (80) degrees, twenty (20) minutes, thirty-seven
(37) seconds \'lest a distance of fifty-five (55.00) feet to a nail;
thence by other lands of the Grantor North nine (09) degrees, thirty-
nine (39) minutes, twenty-three (23) seoonds Hest a distance of two
hundred and 00/100 (200.00) feet to an iron pin; thence along other
lands of Grantor North sixty-six (66) clegrees, eleven (11) minutes,
thirty-four (34) seconds East a distance of one hundred and twenty-
four and sixty-one hundredths (124.61) feet to an iron pin; thence
along other lands of Grantor South thirty-seven (37) degrees,
thirty-four (34) minutes, twenty-eight (28) seconds East, a dis-
tance of one hundred and forty-eight and ninety-six hundredths
(148.96) feet to an iron pin; thence by said Grantor lands North
fifty-two (52) degrees, twenty-five (25) minutes, thirty-two (32)
seconds East a distance of five and twenty-two hundredths (5.22)
feet to a nail in a gravel lane; thence by said lane South twenty-
six (26) degrees, twenty-seven (27) minutes, forty-six (46) seconds
East a distance of ninety-seven and sh.i:een hundredths (97.16) feet
to the point and place of BEGINNING.
CONTAINTIJG .892 Acres rore or less per Subdivision plan for the
G:orge Miller Estate, by Kissinger & Wolfe, Surveyors dated Febru-
my 12, 1981, and recorded in the Recorder of Deeds Office Plan
Book 40, Page 11.
BEING part of the same tract of land which Charles W. Hiller and
Ella F. Miller, husband and wife, by deed dated April 27, 1942,
recorded in the Recotder of Deeds Office in and for Cumberland
COunty, Pennsylvania, Deed Book "H" Volurre 12, Page 464, granted
and conveyed to Geor.ge E. Miller and Eva 14. Miller., his wife.
The said George E. Miller having died testate ~1arch 3, 1977 thus
vesting the entire fee in his wife, Eva 14. ~liller.
3. Dan A. Reid and Debra H. Reid, his wife, are the present occupants
of the said premises. 'lhe present rental value of the property is approxi-
mate1y $250.00; the current tax assessment is $11,770.00 for the entire farm
presently owned by Eva 1,1. Miller.
-2-
1'/,)' r,; - ,.. 1
b0vi'~ U tto ~ t I.Zo ~
4. Thc parties in interest and next of kin are, Betty Hancock,
petitioner for the appointrrent of '!he pcoples National J3ank as guardian,
rouise Henderson, Herbert F. Miller and Leroy Miller, all of whom consented
to the appointment of the Bank as Guardian and the herein proposed sale of
real estate at the tirre of the guardianship hearing.
5. Notice of this Petition being filed and a copy thereof was provided
to each of the parties in interest.
6. Eva M. r-liller is presently living at the Forest Park Nursing Home,
Nalnut Bottom Road, Carlisle, cunberland County, pennsylvania. Sale of the
subject premises will provide funds for the neressary care and maintenance
of Eva ~l. ~liller at Forest Park Nursing Horre.
7. The said real estate has been appraised by a duly licensed real
estate broker, I<enneth H. Hale, at a value of $25,000.00, said broker having
inspected the property, not being personally interested in the proposed sale,
being familiar with the value of real estate in the locality of this property,
and being of the opinion that the proposed consideration of $25,000.00 is
!lOre than could be obtained at public sale. '!he affidavit of said broker
being marked Exhibit "13" is attached hereto. A first appraisal and opinion
was testified to at the hearing on June 8, 1981, by Paul L. Fogelsanger, a
duly licensed, uninterested real estate broker.
8. IDe proposed purchasers are Dan A. Reid and Debra H. Reid, of
R. D. 2, North Newton TcMnship, Newville, Pennsylvania. The consideration
1
i
i
I
,
I JOHN McCREA III
ATTORNE.Y AT LAW
NEWVILLE & SHIPPENSI3URG
PENNA
is $25,000.00 as evidenred by payrrent of $1,000.00 in cash and a mortgage
and bond in the amOlmt of $24,000.00, which rrortgage was approved by IDe
Orrstown Bank, Orrstown, Pennsylvania, in December, 1980.
-3-
~';L,; 108 tAGE 'ii3
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.
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.
John Itcrea III
ATTDRHUB AT L",W
NnVILL[ & SHIPP[N5BU~D
PENNA.
IN THE ORPHANS I COURI' OF CUMBERLI\ND COUNTY, PENNSYLW\J'II/\
NO, 242 ORPHANS 1981
FIRS'f AND FINI\L I\a:OUNT OF
PEOPLES 111\TIONlIL BI\NK OF SHIPPENSBURG,
PENNSYLV1\NI/\, Gl.llillDIAN OF
FNl\ M, MILLER, AN INCOMPETENT
*****************************************************************************
Date of Appointrrent As Guardian: Jln1e 8, 1981
Date of Death of Inoorrpetent: September 11, 1981
STATED FROM JUNE 8, 1981 TO SEPTEI.mER 11, 1981
*****************************************************************************
SUM1I\RY AND INDEX
PRINCIPAL
Receipts $ 25,280,61
Less Disburserrents 4,581.58
Principal balance rerraining $ 20,699,03
INOOME
Receipts $ 1,590.81
Less Disburserrents 79.54
Inoorre balance rerraining $ 1,511. 27
eorrbined bala'lce remaining $ 22,210.30
OO~lI?OSITIOll OF NET BALANCES:
PRINCIPAL RECEIPTS
1. REAL ESTATE - proceeds from sale of .892 Acre
lot situate in N. Newton 'l'oI-mship, Currberland
Coooty, irrproved with house, to Dan A, and
Deborah H. r:eid
$ 25,000.00
2. CASH - Peoples National Bank, Shippensburg,
Pennsylvania checking account no. 40-210-9
balance
241.61
3. mSURI\NCE PREMIUMS - Dana P. Brandt Insurance
Agency, refund of fir and Ii abili ty insurance
policies
39.00
TOl'l\L PRINCIPAL
$ 25,280.61
U~b .J..\JU I'~C[ .151
I
I
I
I
i
i
I
i John McCrea III
l . ~TTDRNn8 AT !.AW
; N[WVIl.l[ & SHIPP[N88URll
! P[NNA.
,
i
I
I
,
i
I
I,
mCO~1E
1. CSF l\nnui ty Payrrents, Augus t and Septerrber,
1981, $302,00 per month
2. Social Security benefits, July and August,
1981, $269,30 per montl1
3. M=rrill Lynch G::lverrurent Fund dividends
July, 1981
I\ugust, 1981
TOTAL PRINCIPAL AND mCOt1E
PRINCIPAL I\ND mCOME DISBURSEMENTS:
PRINCIPAL DISBURSEt1ENTS
1. Alan B. Rhinehart, mileage for attendance
at guardianship hearing 6-8,1981,..",..............
2. Recorder of Deeds Office, 1% realty transfer
tax for sale of property to Dan A, Reid, et ux...,...
3. Penelec-
property
utility account for Garfield Street
July 1981 billing.....................
August 1981 billing.....................
4. Carlisle Hospital laboratory charge
not covered by Medicare..............".........,..
5. South Penn Gas Conpany, utility account for
Garfield Street property............................
6. Presbyterian Hones, Inc. nursing hone care
August, 1981 .......................................
Septenber, 1981..............................,.."..
7 . 'lhe Peoples National Bank, Shippensburg, PA
Guardianship principal fee...................,.....
8. John IlcCrea III, Esquire, legal fees for
guardianship and reirrburserrent of costs advanced...
TOl'AL
INoot.1E DISBURSEHENTS:
1. 'lhe Peoples National Bank, Shippensburg, PA
Income account fee .........,...".....,...
TOl'AL
TOTAL PRINCIPAL AND INCO/1E DISBURSEME:NTS
J3l\Ll\NCE FOR DISTRIBUTION
, 'r .f "2
U~L~ .i.tjU :.~~~ .,;v
$
604.00
538.60
124.09
324.12
$ 26,871.42
$ 9.16
250.00
5.22
5.24
7.00
4.55
1,488.13
1,432.78
500.00
879.50
4,581.58
79.54
$ 79.54
$ 4,661.12
$ 22,210.30
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IN 'nIE ORPHANS' COURT OF CUMJ3EHLIIND OOUNI'Y, PENNSYLVNJI/\
NO. 242 OnPHl\NS 1981
STI\TEMEN'l' OF PROPOSED DIS'l'RIDUTION OP
1'1IE PEOPLES NI\TIO!'ll\L BANK, SIlIPPENSBURG, PA
GUl\RDIAN OF FNl\ M, ~lILLER, IIN INCOMPETENT
*****************************************************************************
Dl\'rE OF l\PPOINTIJENT AS GUl\PDII\N: Jln1e 8, 1981
DATE OF DEI\'IlI OF INCOI>1PETEIlT: Septerrber, 1981
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The Peoples National Bank, Shippensburg, PA, Guardian of Eva /1. Miller,
proposes to distribute the assets rerraining in its hancs, consisting of
cash in the arrooot of $ 22,210.30 as follows:
Eva /1. Miller, Deceased, by her Last I'rill and Testament, dated
l-larch 3, 1970, and duly probated in the Register of \'1ills Office, Cumberland
Coooty, Pennsylvania directed:
"FOURI'H: I nominate, constitute and appoint LEROY MILLER
and HERBERT F. MILLER, to be the Executors of this my
Last I'rill and Testarrent,"
and Letters Testamentary were issued to Leroy ~liller and Herber F.
Miller, Executors, on October 1, 1981, therby authorizing
distribution
TO: Leroy Miller and Herbert F, I'liller,
Executors of the Estate of Eva 14.
lliller. .. . . . , , . .. . . .. .. . . . .. .. .. .. .... , .. .. .
CO~T4lIMEAL'Il1 OF PENNSYLW\J'II/\
$ 22,210.30
ss.
OOmTY OF CUmERLI\ND
. _, "I/h.,
John"'McCrea.TJ:I n '"''''
AnDAHEYS "~'~~l~i t~~!1. '"
NEWYILLe 'SH!PP,~~R~. ::',~~~.7Ji~~ and subscribed to before
PtN'"~''' ....~., '" '4,',. ,/.,.. -11 O.J, b
i'~{(/. .ne~!:1ff,/hh day of c.-/o......, 1981.
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I, Alan Rhinehart Mrust Officer of The peoples National Bank,
Shippensburg, pennsylvania, accountant in the foregoing proposed distribution
duly sworn a=rding to law depose and say that the foregoiI)g.PX9)?Jsed state-
.' ..
rrent of distribution is true and correct to the best of'mY"Ki.iOW1.!o'~, infoma-
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tion and belief. ,'" .. '..... . ,.. ....;.:
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THE PEOPi.riS'''llAt~ ~.X,
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AIL f'Na.- M
Notary Public _I.
~ly COmmission expires: '> 11>/0 'l
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.wv : ~GE '.tJ
John M:JCrea III
Ana.MUI AT lAW
NnVILLl' BHIPVUIBUU
PINNA.
IN mE ORPHANS I COUR'f OF CUMBERI1\ND COUNTY, PENNSYLVANIA
NO. 242 ORPHANS 1981
PI RST AND Fn.u\L ACCOUNT OF
PEOPLES NATIONAL BANK OF SHIPPENSBURG,
PENNSYLVANIA, GUARDIl\N OF
EVA M. MILLER, AN INCOMPETENT
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Date of Appointrrent As Guardian: Jlme 8, 1981
Date of Death of Incorrpetent: Septerrber 11, 1981
STATED FRa-I JUNE 8, 1981 TO SEPTElmER 11, 1981
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SrJM.1I\RY AND INDEX
PRINCIPAL
Receipts $ 25,280.61
Less Disburserrents 4,581. 58
Principal balance renaining $ 20,699.03
INOOME
receipts $ 1,590.81
Less Disburserrents 79.54
Incorre balance renaining $ 1,511.27
Corrbined balance rerraining $ 22,210.30
COMPOSITION OF NEI' BI\I1\NCES:
PRINCIPAL ROCEIPTS
1. REI\L ESTATE - proceeds from sale of .892 Acre
lot situate in N. Newton Township, Currberland
Coln1ty, irrproved with house, to Dan A. and
Deborah H. reid
$ 25,000.00
2. CllSH - Peoples Niltionill !3ilnk, Shippcnsburg,
Pennsylvania ched<ing account no. 40-210-9
bala'lce
241.61
3. mSUAANCE PREMIUMS - Dana P. Brandt Insurance
Agency, refund of fir and liability insurance
policies
39.00
$ 25,280.61
TOTAL PRrn:IPAL
",,',
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-,' ...... --.-
John McCrea III
AlTO.Nnl AT lAW
NEWVILU " 5HIPPtllllUU
PIllN....
nICX>>lE
1. CSF Annuity Payrrents, August and Septerrber,
1981, $302.00 per month
2. Social Security benefits, July and August,
1981, $269.30 per month
3. l>Errill Lynch Goverrurent FLn1d dividends
July, 1981
August, 1981
TOTAL PRINCIPAL AND INOOME
PROCIPAL AND TIJCCME DISBURSEMENTS:
PRINCIPAL DISBURSEI-lENTS
1. Alan B. Rhinehart, mileage for attendance
at guardianship hearing 6-8,1981.,.",..............
2. Recorder of Deeds Office, 1% realty transfer
tax for sale of pro~ to Dan A, Feid, et ux......,
utility aCCOln1t for Garfield Street
July 1981 billing.....................
August 1981 billing..,.."..............
4. Carlisle Hospital . laboratory charge
not covered by Medicare.....,....,..,..,...........
3. Penelec-
property
5. South Penn Gas Conpany, utility a=unt for
Garfield Street property.........,.....,............
6. Presbyterian Hones, Inc. nursing horre care
Augt1St, 1981 .......................................
Septercber, 1981.....................................
7. ihe Peoples National Bank, Shippensburg, PA
Guardianship principal fee.........................
8. John IlcCrea III, Esquire, legal fees for
guardianship and relitburserrent of costs advanced."
TOTAL
INCC:t1E DISBURSEHEm'S:
1. ihe Peoples National Bank, Shippensburg, PA
Inoorre aCCXn.Dlt fee ........................
TOTAL
'.-
.01,',
TOTAL PRINCIPAL AND INCX>>lE DISBURSEMENTS
IlIIIANCE FOR DISTRIBUTION
$
604.00
536.60
124.09
324.12
$ 26,871.42
$ 9.16
250.00
5.22
5.24
7.00
4.55
1,488.13
1,432.78
500.00
879.50
4,581. 58
79.54
$ 79.54
$ 4,661.12
$ 22,210.30
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Attorn,y"l Llw
Newville & Shlppenaburg
Penn..
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IN RE: ESTATE OF
ill THE COURI' OF Cor-MlN PLEI\S OF
CUMBERU\ND COUNTY, PENNSYLVANIA
ORPHl\NS I COURI' DIVISION
ESTI\TE NO. 21-81-242
FNl\ M. MILLER, DECEASED
PETITION FOR APProVAL OF PRIVATE SALE OF REAL ESTATE
TO THE HONORABLE, THE JUIJGES OF SAID COURI':
OOME NCIi~, your Petitioners, Leroy Miller and Herbert F. Miller, Co-
Executors of the Estate of Eva M, Miller, by and through their counsel,
John McCrea III, Esquire and represent as follows:
1. The decedent, Eva M. Miller, late of North Newton Township, Cumber-
land COln1ty, Pennsylvania, died testate Septerrber 11, 1981, Letters Testarren-
tary havi.ng been granted to your Petitioners on October 1, 1981.
2. The Petitioners have entered into a private agreerrent for the sale
of real estate C1tII1ed by decedent to one of the Co-Executors, Leroy Miller,
whidl real estate is a 140 acre tract situate in N. Newton Township, CUITber-
land County, Pennsylvania, as rrore fully described by deed recorded in the
office of the Recorder of Deeds in and for currberland County, pennsylvania,
in Deed Book "Mil, Volurre 12, Page 464 to-wit:
BEGINNING at a white oak, thence by land fonrerly of Mrs. Jacob
Borrberger, now B.F. Wright, South 58 degrees East 32 perches to a post,
thence by sane South 54 degrees East 68 perches to a post, thence by
land forrrerly of said Borrberger nOlI Janes Johnston, South 44 degrees
East 69 perches to a pest, thence by sane South 37 degrees East 25
perches to a post to a corner in the road at land of Mrs. Mary Kuhn,
thence by sane North 73.5 degrees East 11.1 perches, thence by the
sane South 14 degrees East 12 perches to a corner in the road aforesaid,
thence South by land of Janes Stricker 83 degrees East 13.9 perches to
a stake at the side of the road, thence with the sane and with the said
road North 73 degrees East 84.6 perches to a stake in the middle of the
road, thence by land forrrerly of G::!o. l~. Barrick now Moses JUTq?er
(fonrerly part of this sane tract) NDrth 32.5 degrees East 49.9
perches to a post, thence by sane and land of Samuel Failor North 50
degrees West 20.5 perches to a stone, thence by sane North 36 degrees
,,^^' '\ OS mE 940
~ ......\ ....
John McCrea III
AllorneyAt L.w
Newville & Shlppen.burg
Penn..
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East 44.4 perches to a stone, thence by land of E. A. Rhodes North
47.5 degrees W:lst 80 perches to a stone, thence South 45.5 degrees
W:lst 54.8 perches to a post, thence by land of Ira Hockenberry South
13.75 degrees East 9 perches to a white oak stump, thence by sane
South 53.5 degrees Ivest 62 perches to a hickory stump, thence North 51
degrees, Nest 49 perches to a stone, thence South 38.8 degrees West
38 perches to a white oak, the place of beginning.
CONTAINING: One hln1dred sixty-six (166) acres and thirty-nine (39)
perches.
BEING the sane tract of land, less One (1) acre and seventeen (17) perche
sold to Gee. N. Barrick by John A. Zullinger et a1., by deed dated the
30th day of March 1895 and recorded anong the deed records of Currberland
County in Deed Book "K", Page 164 & c; and being the sane property that
C1larles B. Snoke et a1., by their deed dated February 25, 1922 and
recorded in Deed Book "N", VOlUTe 9, Page 594 conveyed to Charles W.
Miller.
EXCEPTING therefrom all those conveyances to the follCMing persons by
deeds dated and recorded as follows:
(1) Heroert F. Miller, dated May 23, 1962, recorded in Deed Book "N",
Vo1urre 20, Page 365
(2) Bruce W. Hancock, dated May 23, 1962, recorded in Deed Book "V".
Volurre 20, Page 367
(3) Cheryl A. Miller, dated October 24, 1974, recorded in Deed Book "V",
Volurre 25, Page 464
(4) Bruce W. Hancock, dated May 6, 1974, recorded in Deed Book "P",
Vo1urre 25, Page 326
(5) Hexbert F. Miller, dated October 14,1975, recorded in Deed Book "I",
Vo1urre 26, Page 45
(6) Leroy Miller, dated DeceniJer 15, 1975, recorded in Deed Book "J",
Volurre 26, Page 441
(7) Dan A. reid, dated July 17, 1981, recorded in Deed Book "M",
Volurre 29, Page 564
3. Petitioner Leroy Miller is the present occupant of the said premises
and has been for approximately J;) years during which tirre he has
rraintained the house and farm buildings making all necessary inproverreJ1ts
on account of ownership of said real estate.
4. A copy of the Agreerrent for Sale of the subject premises is attached
hereto, narked Exhibit "A" and incorporated herein by reference.
~CGi, 108 I'm 941
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John McCr.. III
Attorney At lIw
Newville & Shlppenaburg
Penna.
~. .
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5. An inventory and appraiserrent in the Estate of Eava M. Hiller
are filed with the Register of 11ills simultaneously with this Petition
copies of which are rraked Exhibit "B" and attached hereto.
6 , 'Ihe parties in interest and beneficiaries under the Last \~ill
and Testament of Eva M, r1iller, a copy of which is marked Exhibit "c"
and attached hereto, are her children, Louise M, Henderson, Leroy ~1iller,
Herbert F. Miller, and Betty M. Hancock.
7, Petitioners believe and therefore aver that $105,000.00 is a
fair and equitable price under the circ\llll3tances and a better price than
can be obtained at public sale in light of the present real estate market
and expense of the Estate which would necessarily be incurred if such a
sale were required.
8. Distribution of the Estate cannot be accomplished short of
sale of the farm and payrrent of debts and inheritance taxes from the
funds of the Estate.
9. 'Ihe parties in interest and beneficiaries of the Estate have
received notice of the terms of the sale of real estate of Eva ~I. Hiller and
approve of the proposed sale as evidenced by their signatures on the
attached acknowledgrrent,
WHEREFORE, Petitioners pray this Honorable Court order that the
above-described real estate be transferred pursuant to the terms of the
Agreerrent of Sale attached hereto, said sale being a private transfer of
real estate for the purpose of orderly administration of the Estate of
Eva H. Miller.
BGel, 108 fACE 942
Respectfully submitted,
re.- /VI c ~<V 'j]f
McCrea III
orney for Petitioner
John McCr.. III
AllOrnllyAII..w
Newville & Shlppenlburg
Pennl.
. ,,. .
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Agreerrent for Sale of Real Estate
WIDE the IW1daY of January, 1982, by and between Herbert F. Miller
and Leroy Miller, Co-Executors of the Estate of Eva M, Miller, late of
North Newton TcMnship, Cumberland COln1ty, Pennsylvania, hereinafter called
SELLERS, parties of the first part, AND Leroy Miller, as an individual,
and Dot(.jtk'l K'Miller, his wife of R.D.#2, Newville, Cunberland County,
pennsylvania, hereinafter called the BUYERS, parties of the second part.
WITNESSETH:
1, That the said SELLERS in consideration of the covenants and
agreerrents hereinafter contained, on the part of the said BUYERS to be
kept and perforrred have agreed and do hereby agree to sell and convey unto
the said BUYERS, their heirs and assigns, all the land and premises herein-
after rrentioned and fully described for the sum of One Hundred Five
Thousand and no hln1dredths ($105,000.00) Dollars to be paid in cash on
the date of final settlerrent as set forth belo.-1.
AND the said BUYEPS also agree to pay all real estate taxes that
nay be presently due and o.-ling as well as all taxes which nay be levied
upon siad land from and after the date of these presents. It shall be
SELLERS obligation to keep the buildings thereon insured in the sum of
not less than Seventy-Five Thousand ($75,000.00) Dollars, payable to said
parties, as their interest nay appear.
2. At settlerrent, as set out belo.-1, the SELLERS, will at their =
cost and expense, Il'ake, execute, and deliver to the said BUYERS, a good
and sufficient Deed, conveying the premises in fee sirrple, free from all
enc\lllbrances except those of record, such conveyance to be by Executor's
deed.
Exhibit "AI;
John McCree III
Attorney At Law
Nflwvl1le & ShlpptnlSbufg
Penn..
, .'
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3,
BUYERS agree to purchase from SELLERS the premises for One
Hundred Five Thousand and no hln1dredths ($105,000.00) to be paid in cash
at settlerrent on or before February 1, 1982. Settlement to be held at
the offices of John McCrea III, Esquire, 22 South High Street, Newville,
Pennsylvania 17241, or other place as rray be convenient to the parties.
4. The premises to be com/l"yed by SELLERS to BUYERS are particularly
described by. deed recorded in the office of the Recorder of Deeds in and
for Currberland County, Pennsylvania, in Deed Book "M", Volurre 12, Page 464
to wit:
BEGINNING at a white oak, thence by land forrrerly of /1rs. Jacob l3oi!berger,
nCM B.F. Wright, South 58 degrees East 32 perches to a post, thence by
sane South 54 degrees East 68 perches to a post, thence by land forrrerly
of said Borrberger nCM Janes Johnston, South 44 degrees East 69 perches
to a post, thence by sane South 37 degrees East 25 perches to a post to a
comer in the road at land of ~1rs, ~1ary Kuhn, thence by sane North 73.5
degrees East 11.1 perches, thence by the sane South 14 degrees East 12
perches to a corner in the road aforesaid, thence South by land of Janes
Strickler 83 degrees East 13.9 perches to a stake at the side of the road,
thence with the sane and with the said road North 73 degrees East 84.6
percher; to a stake in the middle of the road, thence by land forrrerly of
Geo. w. Barrick nCM Moses Jumper (formerly part of this sane tract) North
32.5 degrees East 49.9 perches to a post, thence by sane and land of
Samuel Failor North 50 degrees West 20,5 perdles to a stone, thence by
sane North 36 degrees East 44.4 perches to a stone, thence by land of E, .
A. Rhodes North 47.5 degrees West 80 perches to a stone, thence South
45.5 degrees I'lest 54.8 perches to a post, thence by land of Ira Hocken-
berry South 13.75 degrees East 9 perches to a white oak stUllp, thence by
sane South 53.5 degrees \~est 62 perches to a hickory stlll11!?, thence North
51 degrees, ~]est 49 perches to a stone, thence South 38.8 degrees \'lest
38 perches to a white oak, the place of beginning.
CONTAllUNG: One hundred sixty-six (166) acres and thirty-nine (39)
perches.
BEING the sane tract of land, less One (1) acre and seventeen (17) perche
sold to Gee. W. Barrick by John A. Zullinger et a1., by deed dated the
30th day of March 1895 and recorded among the deed records of CUmberland
County in Deed Book "K", Page 164 & c; and being the sane property
that Charles B, Snoke et a1., by their deed dated February 25, 1922 and
recorded in Deed Book "N", Volurre 9, Page 594 conveyed to Charles 1'1.
Miller.
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I Attorney At I.Iw
Newville & Shippen Iburg
I Penn..
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5, It is \IDderstood and agreed that all realty transfer taxes
irrposed by any authority will be borne equally by the BUYERS and SELLERS.
This Agreerrent shall not be assigned by BUYERS without the written
consent of SELLERS nor shall it be recorded in the Recorder of Deeds' Office
in and for CunPerland County, Pennsylvania or any other office for the
official recording of docurrents and instrt.1lrel1tS,
7. BUYERS shall assurreand be responsible for the maintenance of
said premises in good order and repair from the date of this Agreerrent
and hold SELLERS safe and harmless from any and all claims for work and
labor or materials furnished in connection with maintenance of the premises.
8. Should the BUYERS violate or fail to fulfill and perform any of
the terms or conditions of this agreerrent then, SELLERS shall be released
from all liability or obligation and this agreerrent shall becorre null and
void.
9, AND IT IS FURTHER UllDERSTOOD AND AGREED, that in ca.se of default
of payrrent of any sum of principal or interest. taxes herein agreed to be
paid or premiums on insurance herein agreed to be carried, for the space of
30 days after the sane shall beoorre due and payable by the terms hereof I
that then and in such case, the whole of the said principal sum shall, at
the option of the said SELLERS, forth with becone due and payable, anything
hereinbefore contained to the contrary thereof notwithstanding, And in
such case of default, the said BUYERS hereby authorize and errpower any
attorney or prothonotary of any Court of Record in t.he State of Pennsylvania,
or elsewhere, to appear for them and confess a judgrrent for the whole
principal sum and interest remaining unpaid hereon, with five (5%) percent
attorney's conmission or fees; and the said BUYERS in case of default as
- 4 -
John McCr.. 111
Attorney At Law
NewvUt. & Shlppenabufg
Penn..
aforesaid, further authorize and enpo.ver any attorney or prothonotary of
any Court of Record, ei.ther in addi.tion to or without such judgment for
the am:Junt due according to the teJ:1T1S of this agreerrent, to appear and
confess judgment against them in an amicable action of ejectIrent for said
premises, and authorizes the imrediate issuing, (without asking leave of
court) , of a writ of Possession with writ of execution for the am:Jln1t of
said judgment and costs, with a minimum attorney's camUssion of five (5%)
percent of the balance due under this agreerrent; in each case waiving the
benefit of any law exenpting property from levy and sale, waiving the right
of inquisition if levy is ITI3.de on land and consenting to condennation
thereof with liberty to sell SaJIE, without stay of execution, and with
release of all errors,
10. If BUYERS make an assignrrent for the benefit of creditors, or
applies for or consents to the appointment of a receiver, trustee or
liquidator of all or a substantial part of the assets of BUYERS, or if
such receiver, trustee or liquidator is appointed without consent of
BUYP..RS, or if a petition is filed by or against BUYERS tmder the Bankruptcy
Act or any aIlElldrrent thereto (including, without limitation, a petition for
reorganization, arrangerrent or extension) or under any other insolvency
law or law providing for the relief of debtors, or if any creditor of BUYERS
executes upon, levies upon or otherwise attaches in any manner BUYERS'
interest in this Agreerrent and/or BUYERS I equitable interest in the premises
heremder to be conveyed, then, in any of those events, SEILERS shall have
the opiton to consider BUYERS in default and to irrmediately pursue any or
all rerredies heretofore provided, including those in paragraph 9 hereof,
'Ihis rerredy shall be considered cunulative with any and all rerredies herein
provided.
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I, EVA M. MILLER, of R, D. 2, Newville, North Newton
Township, Cumberland County, Pennsylvania, being of sound mind,
I memory and disposition, do hereby make, publish and declare this
\ my Last Wil1 and Testament, hereby revoking and making void all
\ wills by me heretofore made.
FIRST. I order and direct the payment of all my just debts and
funeral expenses as soon as may be convenient after my decease.
SECOND.
I give, devise and bequeath all my estate,
,
real, personal!
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and mixed, whatsoever and wheresoever situate, to my beloved
husband, GEORGE E. MILLER, absolutely.
THIRD. In the event that my said husband predeceases me or we
die as the result of a common disaster, I then give, devise and
bequeath my said estate in four equal shares among my children,
LOUISE M. HENDERSON, LEROY MILLER, HERBERT F. MILLER, and BETTY
M. HANCOCK.
FOURTH. I nominate, constitute and appoint LEROY MILLER and
HERBERT F. MILLER, to be the Executors of this my Last Will and
Testament.
IN WITNESS WHEREOF, I, EVA M. MILLER, have hereunto set my
hand and seal to this my Last Will and Testament, this 'j,~,
day of March, 1970.
(I
(.' i."re. ),/, lid/JlltJ (SEAL)
Signed, sealed, published and
declared by EVA M. MILLER, the
Testatrix, as and for her Last
I Will and Testament, in the
11
presence of us who have at her
request signed our names' <\5;
witnesses hereto in the presence
of the said Testatrix and of
each other.
__"-P -:n!H.. {' /11 /
fi(ccUff/ ,e I'; I ,j J(
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In a t; Je CW.Wt ,-,j
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