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HomeMy WebLinkAbout08-06-09 (2)I N R E ESTATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CABBIE C. MILLER ORPHANS' COURT DIVISION DECEASED NO. 2+ -~~ =C~ 3103 TERM ~ ~ ~_ ~' ' ' ~ ~~~ r"* t ,_, c ~ ~~; PETITION FOR CITATION f `' ~~~ ~` -v ~'-' ~....., .. -W- ~ a ~ ,--~. _~ ~; TO THE HONORABLE THE JUDGES OF SAID COURT: ~ w {~ AND NOW, this ~j~"~ day of ~~, ~,,~~ comes the Commonwealth of Pennsylvania, by Robert Freedenberg, Deputy Secretary for Taxation, for Stephen H. Stetler, Secretary of Revenue, who avers: 1. That Carrie C. Miller, deceased, (hereinafter referred to as "the Decedent"), died on April 14, 2005. 2. That a Petition for Probate of the Last Will and Testament and for Grant of Letters Testamentary was made by Carol A. Miller, Executrix, (hereinafter referred to as "the Executrix"). Letters Testamentary were granted to the Executrix on April 19, 2005. Attached hereto and made a part hereof is a copy of a document attesting to said date on which Letters were granted marked Exhibit "A." 3. That on October 27, 2008, a certified demand letter was sent to the Executrix, advising that the Inheritance Tax Return for the Decedent had not been filed. A receipt was signed and returned to the Department of Revenue. Attached hereto and made a part hereof is a copy of said letter and receipt marked Exhibit "B." 4. That as of the date of this Petition no Inheritance Tax Return has been filed by the Executrix of this estate as required by Section 1736 of the Act of December 13, 1982, P.L. 1086, No. 255, (72 P.A. C.S. § 1736). 5. That under Section 2176 of the Act of August 4, 1991, P.L. 97, No. 22, (72 P.S. § 9176), the Secretary of Revenue is authorized to request the Court to issue a Citation directed to those subject to any duty imposed by the aforesaid Act, commanding such persons to appear and show cause why the requirements of this Act should not be met. WHEREFORE, your Petitioner prays your Honorable Court to issue a Citation upon the Executrix, directing the Executrix to appear and show cause why said Inheritance Tax Return in the estate of the Decedent should not be filed as required by law; and to further direct that the costs of this action shall be borne by the COMMONW~AI'~~'I~~ PENNSYLVANIA BY Robert Freed nberg, Deputy Secre for Taxation FOR: Stephen H. Stetler Secretary of Revenue COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN Robert Freedenberg, Deputy Secretary for Taxation, for Stephen H. Stetler, Secretary of Revenue, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best ~if~sowledge, information and belief. Deputy Secretary for Taxation For: Stephen H. Stetler Secretary of Revenue Sworn to and Subscribed before me this °~ day C MONWEALTJ-I OF PENNSYLVANIA Notarial Seal Sue E. Hetrick, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Apr. 10, 2010 Member, Pennsylvania Association of Notaries .,~ ~ ~ Page 1 of l ttegl~t~r of ~+'Vills of Cun~bexland Caurit~ -- -~-- -~ OA'T~ OF FER80NAL REpR~S~N'CA'!l><1~F. t^t)htMUNW~ALTN OP P&~NSYI.YANIA SSt - COt1~tTY 4p t;t1MHER,L.IIND ~ ~ , .. The petilionq{t) above-n~moc! sw~~r(t) os ~-tt'itm(:) tl-~t ttt+t ;tate~nts in tfia foneSgitt~ pelitioa ue truo end totraci to t1w bdt Of the lanoWled~e laid baik(etpetiHdner(t) aad ihst #f pananal rcQrea~e{ttitive(t) cif the rbove ` decect#M pctitiaie~a(:) will wsll *nd trv~ tKfminl~tet the est.io sccvrdin eta I~w, Sworn to at i(Cirtntd i»d;ubuYibal X _,. ~~ ~f licfaro me this ~k~ 4 ~ day of ~ _ rr~~~, ~• rt>. e.~~?..~ ~ }t rates. ` - Rralir~ . .. Fetett of ~~~' - ~,~ ~x t~`'i:; , Deceatcd . nECI~~ of pROnAr~ A~ GRAN'#' ~F L1~rr.E~s . A;YD NOW . 4!r'~it_ ~`~ 3Q4 S, i~ ooaeidcration of the pailtion cm tl~a rar~erso Bide he-~r~t', ~aclsCactory pr<wEhavin~ bc~ttt p~cter-ted botore rnt, 1't' IS Df:CR~D ths! tha instant(s), ~lakcf ~-~,,r 5' „_, desttWdd thetelp be admitted to probaoe t+kd oCatconi as the lot wiil,of C~~...a!!' ' ~>~ t- , t-r-d l~ttats arc hereby grst~ted to ~~~,.~~... ,~ ~•'~ • ~.~-~4`+~. Ra~iater of Wilft ~~'~„ ~ o~M~ C FEES ~~ w ~ ' t~ra~utc, Letter, Ete .............: f X10 .-~-r~-~_.~/• --~--r _ it'ill ................................. f ~,~ Attornex~Sup, Ct.1.D. Ho.) r2-~~ Kon~meittiott ....................... f • syy; ~''~_.. .~~ ~ - Short t^,trtiticatc: (~,j ............ S 8 :.,~ ~-r!, ~,x.~ r- S .._. ~ S , .. ~ _ - - - ~¢,.~. L,. rec. , Automation 1'rs ................... ~ . Band......,. ......................, . S File! Cat wl \_ r Zt).DS ~::~~:~: -r :ii::ii}, ~3 I ~=t Gad ~ I u~l;t 5`~~? ~~ t ~ Page l of 1 Register ofPWllZs o#'Cur~berland County pgrY~'I~N FOR PRQBATE t,ttti CItA)\'~ Of't LETT4RS - .+ _ ~tcttr of ~~/a~,/t /~c~?, ~1 rL LG:~ No....~, ~4 ~ • ~ S ~~a Qisv brown as To: " Kc~ia+bor of Willa for tho ---~---•-- --- - - ~~ - County o{ ~r~-betltnd iq ttw +• Social Securly Nv.' ~- ~~Q Commatwcalth of ptnruylvxnts "fbe petition of tfso wtdani~nod tt+s}xctfltily rstsracnts thaL• Your petitioner(aj, who Isiwle i8 yc+us of aka ayt older. and the e~av>~. Xnsr~ed M the fats will o1'tf~a eLnva dt~Cecfsgt, dated ,.~ S"~ 1~3 ,~ , Z~ . ,and codicil(s) <tatcd '., '',.;,~/V/.~. ~' - . ,~---- {crate alevant cinw~rsrts,K.a. e~s. rcrwnrliti~, depth of tsontw, ctt.) btood~t war dnrrskllad+tt loth In ,~ +~•-/•~.,• ~ .C~~,. Pc+u~s Irrania, with ~p ly or ` cipal resldenr~ at .~ (ltit street, number and rnaniclpaiity) -___._...._ ,~_,. 1?eudent, tbon ~ yr*ars of iga, dkd ~~~ c. 1 ~ . TOG_~ ttt ~,,pv~.2 oA~~,a ~Sy~ ~. ~4 ~/ ~v ~xc-cpl sir tnitows, ckae-dent did isat mury }was not d» grad and did pot havo a rbild bona or kSt+pted t~ttel ~1p ~xr,~ution niche wlA offored for probtta; wxt not the victim ol's ~citlltt~ attd was txvtr gdjtidiGtdi iaoomp4bent: .ir/rj. Dccsdcat at dnatb oward ptaporty oritb tstimated vacua; a: followa: - - •• •N ([f dorrtlcilod in Ptj Ail pgwgal ptoperiy s .~,~ r:ssro . ~ • (Ifpal dnmlciled in Pa.~ Persona) pcoprsty in PcnnsylYanla S ''""- (!t'not domiallod !tt Pa») Pecsacto) property in County S ---- Ya1vG gfresJ eapte itt Pcar~tyhtttia t . situated a: follows: ~----~----~---- ,._.. W$t3REFt7R.B, petjrloner{s) :rspet#tully roquat(tj tha probato of tho lvt will grKl aatiCil{aj prcacutai l~erawith t+nd i1Ma bran! of Moen 7"`~'fi9rht~~!~ + ~ (ttttafrtsrMry; idani~t:rtl0a o.r.s.; aanlnistation d,b.n.~t.a.} S! qa r olPttition s k _ ~~~ ~ ~ X jlj rr ~ n •--~.,.. ~___ Re3i~entc{s} of Petitiorter(a) ~ f1 ~3 {~ -~t ~~,~ u t ti~:t ~~1yZ .~- ,; . ., ~ ~ , .:~~ ~v.3.~'J ~l~:_=..i-x.1.1:. ..~ ~~'". r .~ { tt~RlussuRO otsrtucr o~cE SIRAWBBRRY~p 4Tt3 ~ iVALNUTST3 NARRISBUR(I PA 17128-0101 CUMMONtiVEALTH OF PENNSYL'~~ANIA DEPARTMENT OF REVENUE REV 869 FO AtP (07-08} CAROL A MILLER 144 E STREET CARLISLE PA 17013 Date: Estate of MILLER Date of Death: Tile Number: 10/27/2008 CARRIE C 4/14/2005 21 05-0363 (Certified Mail-Return Receipt Requested) Dear CAROL A MILLER t Department records indicate you are responsible for the settlement of the above estate or that you represent the responsible party. As of this date, you have failed to resolve this matter. This is to again advise you that the estate is in delinquent status, as it remains unsettled. The Inheritance and Estate Tax Act mandates the filing of a tax return and payment of all outstanding liabilities by a personal representative or a hansferee of an estate within nine months of a decedent's death, Deparhnent records show that this estate 2•emains open because: AN INHERITANCE TAX RETURN HAS NOT BEEN FILED. If the return was filed, please contact tl}is office immediately. If this estate was opened for the purpose of filing a lawsuit, please provide the term and docket number of the proceeding in wz-iting to this office so that we may postpone any further action Under Act 40 of 2005, additional collection costs, including but not limited to fees of up to 39 percent of the amount due and attorney Fees incurred in securing payment, may be unposed on any liability not paid prior to referral to a collection agency or contract counsel. This notice shall serve as a fonnal demand on you or your client from the Department of Revenue. If you fail to file the return, the Department may file a citation ~•equii-ing you to appear in court to show cause for your failure to comply with the law. A finding of contempt in this matter could subject you to additional penalties and/or incarceration by the Orphans' Court of Cumberland County. RETURNS SHOULD BE FILED AND CHECKS MADE PAYABLE TO: REGISTER OF WILLS, AGENT Sincerely, Anastasia DiBartolomeo Direct any questions regarding this estate to: ~ 717 ~ 7 g 7 - 3 8 b 3 HARRISBURG DISTRICT OFFICE cc: STRAWBERRY SQ WILL YAM S DANIELS 4TH ~ WALNUT STS STE 20S HARRISBURG PA 17128-0101 1 W HIGH ST reps Tci t; pe i~n•tz ~61~ b ~ ~ c ~ ..1 ..1 Cf ~7 'O r+ g N N -~ '~,. ~ ~i "~.~ 0 ~ 0 U1 117 1.1.1 -~ ~piT b