HomeMy WebLinkAbout03-0331 PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Elsie M. Brooks No.
also known as To:
Register of Wills for the _
20-63'A~Deceased'ay County of Cumberland in the
Social Security No.
202
- Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executR IX named
in the last will of the above decedent, dated September 12 ,2000
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumber 1 and County, Pennsylvania, with
~er last family or pri.ncipal residence at ~13 East Lisburn Road,Mechanicsburg,
pper Allen Township
(list street, number and muncipality)
Decendent, then 75 years of age, died January 2, 2003
at Holy Spirit Hospital, East Pennsboro Twp,
Except as follows, decedent d~.d not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled i.n Pa.) All personal property $
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows: 313
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
pre~ented herewith and the grant of letters testamentary
theron. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
=~ .~..~,~ /~ ( Irene E Wiegner
~_~ 46 W. Allen Street
~=.=o Mechanicsburq~ PA 17055
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland; ss
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the khowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed r ~/L~.,~
/'-3 before me this 14th day of / ....... ·
otto, st ' 4;gis,Jl ..... '--
NO. 21-2003-331
Estate of ELSIE M. BROOKS
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW April 15th 2003 , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated September 12, 2000
described therein be admitted to probate and filed of record as the last will of E 1 s i e M. B r o ok s
;
and Letters Testamentary
are hereby granted to Irene E. Wieqner
Donna M. Otto,lst Deputy ~--e~--~~
FEES
Probate, Letters, Etc .......... $60.00 Andrew C. Sheely, Esquire (62469)
ATTORNEY (Sup. Ct. I.D..No.)
Short Certificates( 2) .......... $ 6_00 127 S. Market Stree~
Renunciation .~1~ ........... $ 5.00 P.O. Box 95, Mechanicsburg, PA 17055
x-Paaes ( 1 ) $ 3.00 ADDRESS
JCP TOTAL __ $ ] (~'00 (717) 697-7050
Filed Ap=il. :tSth, 2U03 ...... .$..8.4.:9.0...
PHONE
Call Attorney when letters are done on 4-15-2003.
RENUNCIATION
21-2003-331
Elsie M. Brooks
InReEstateof deceased.
To the Register of Wills of Cumber 1 and County, Pennsylvania.
Theundersigned Robert D. Wiegner, grandson of
theab~vedecedent~herebyren~unce(s)therightt~administertheestateandrespect~yask(s)thatLetters
Testamentary
beissuedto Irene E. Wiegner
~"~ handthis II dayof /~t')r, t '
WITNESS
438 Third Street
Enola, PA 17025
(Address)
(Signature)
(Address)
(Signature)
(Address)
21-2003-331
REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF SUBSCRIBING WITNESS
Andrew C. Sheely and Ann W. Martin
(each) a subscribing witness to the will presented herewith, (each) being duly qualified according to
law, depose(s) and say(s) that they were present and saw
Elsie M. Brooks
the testatr i x , sign the same and that they signed as a witness at the
request of testat r ix in h e r presence and (in the presence of each other) (in the presence of the
other subscribing witness(es)).
c s ee.
Sworn to or affirmed and subscribed before '
me this 14 day of
· 112 N~ nme
~64L~/9~7._~,.,~_~/~ (Address}-)
· / ....... Ann W. Martin
'~:'~ 1^ ' (Name)
I ~7_ Loring Lane,
Mechanicsburg, pa
17055
REGISTER OF WILLS OF COUNTY
OATH OF NON-SUBSCRIBING WITNESS
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
familiar with the signature of
codicil
testat.~ of (one of the subscribing witnesses to) the will presented herewith and
codicil
that believes the signature on the will is in the handwriting of
to the best of knowledge and belief.
Sworn to or affirmed and subscribed before
me this day of (Name)
19
(Address)
Register
(Name)
(Address)
his is to certify that the infbrmation here given is correctly copied fi:om an original certificate of death duly ~}]<d wit'-
Local REgistrar. The original certificate will be fbrwardcd to the State Vital Records Office for pcrnmnent f~}in!A.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00 '~'"{i?~'~-1~ OF P'~3';'%:'"' '~,,a, ,.,,~ .~~~~
/~ ~, M ~_~ ",~kx local
P 8 7 7 8 0 5 4
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No. ~~ . ~
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
Elsie M. Brooks
75 y~ [ I [ '
I ~ I I I,. I?. P~. I~ I
~'~,~) I Electromcs I ~ ~ I ~~ I W I ~- I
~oo~.~u~G~ I I ~'e 91 (~'*~s+) I Wlaoweo I
Ilib' II~' 113- I 114, Ill.
DECE~NT'S M~ A~ ~M. C~. ~. 1~ ~1 ~CE~NT'S Fennsylvama ~ upper Allen
313 East Lisburn Road
Mechanicsburg Pennsylvania 170~
~..s.~E(~,.,,~,~ Joseph E. Liddick ~T.~.'S~(~,..~..w~ Elsie Mae Darr
,.~m~ Irene E. ~egner ~'s~~~%~lcsburg. Pa. 17055
~ Jan 'W~olling Green Memorial ParkI1~?. Camp Hill, Pennsylvania 17~11
~ ~ 7, 2003
u~. FD-014318-L ~. Myem Funeral Home, Inc. 37 East ~ain ~treet Me~anicsburg, Pa 1705~
LAST WILL AND TESTAMENT
OF 21-2003-
ELSIE M. BROOKS
I, ELSIE M. BROOKS, of 313 East Lisburn Road,
Mechanicsburg, (Upper Allen Township), Cumberland County,
Pennsylvania, make, publish and declare this as and for my Last Will and
Testament, hereby revoMng all other Wills and Codicils heretofore made
by me.
FIRST: I direct that all inheritance, estate, transfer, succession
and death taxes, as well as my just debts and funeral expenses, of any kind
whatsoever, which may be payable by reason of my death, shall be paid
out of the principal of my estate as the same can conveniently be done.
SECOND: I give, devise and bequeath all the rest, residue
and remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment, together
with any insurance policies thereon, unto my grandson, ROBERT D.
WIEGNER, of Mechanicsburg, Pennsylvania, per stirpes.
THIRD: In addition to all powers granted to them by law and
by other provisions of this Will, I give the fiduciaries acting hereunder the
following powers, applicable to all property, exercisable without court
approval and effective until actual distribution of all property:
(A) To sell at public or private sale, or to lease, for any period
of time, any real or personal property and to give options for sales,
exchanges or leases, for such prices and upon such terms (including credit,
with or without security) or conditions as are deemed proper. This
includes the power to give legally sufficient instruments for transfer of the
property and to receive the proceeds of any disposition.
(B) To partition, subdivide, or improve real estate and to
enter into agreements concerning the partition, subdivision, improvement,
zoning or management of real estate and to impose or extinguish restric-
tions on real estate.
(C) To compromise any claim or controversy and to abandon
any property which is of little or no value.
(D) To invest in all forms of property, including stocks,
common trust funds and mortgage investment funds, without restriction to
investments authorized for Pennsylvania fiduciaries, as are deemed
proper, without regard to any principle of diversification, risk or pro-
ductivity.
~_~ (E) exercise any option, right or privilege granted in
To
insurance policies or in other investments.
(F) To exercise any election or privilege given by the Federal
and other tax laws, including, but not necessarily being limited to, per-
sonal income, gift and estate or inheritance tax laws.
~'~-" .~ (G) To make distributions to my herein named beneficiaries
in cash or in ldnd or partly in each.
2
(H) To borrow money from themselves or others in order to
pay debts, taxes, or estate or trust administration expenses, to protect or
improve any property held under my will, and for investment purposes.
(I) To select a mode of payment under any qualified retire-
ment plan (pension plan, profit sharing plan, employee stock ownership
plan, or any other type of quahfied plan) to the extent the plan or the law.
FOURTH: I acknowledge that I am the mother of
DAVID E. BROOICS and IRENE E. WIEGNER and that no bequest,
devise or gift is made to them, by this, my Last Will and Testament.
FIFTH: I nominate and appoint my grandson, ROBERT D.
WIEGNER, as Executor, of the this, my Last Will and Testament. In the
event of the death, resignation or inabihty to serve for any reason whatso-
ever of ROBERT D. WIEGNER, I nominate and appoint my daughter,
IRENE E. WIEGNER, as Executrix, of this, my Last Will and Testament.
I direct that my Executor or Executrix, as the case may be, and their
successors shall not be required to post security or a bond for the
performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this /5_ day of September,
2000. /~
(__ ~45cC~ ~2~, /0 ~SOWYr,~0-- (SEAL)
ELSIE M. BROOICS
3
Signed, sealed, published and declared by the above-named
Testatrix as and for her Last Will and Testament in our presence, who, at
her request, in her presence and in the presence of each other, have
hereunto subscribed our names as attesting witnesses.
Address '- .j. t Name
4
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: !~T..qT~. M. l:ll~(3Olff.cl
Date of Death: January 2, 2003
Will No. O ~ - ~ ''~ ] Admin. No.
To the Register:
I certify that notice of (beneficial interest) estate administration 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 ,3 ~ [ ,.} 7__7__, o_ _~L90T :
Name Address
o l o, ( [)/']I ? o '-c T
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Date:
Signature ~-~,t~/
Name /~t d("(~ t~/
Address
Telephone
:.~" ~ 2..~,D Capacity: Personal Representative
ounsel for personal representative
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 12/01/2004
SHEELY ANDREW C ESQ
PO BOX 95
MECHANICSBURG, PA 17055
RE: Estate of BROOKS ELSIE M
File Number: 2003-00331
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 1/02/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
STATUS REPORT UNDER RULE 6.t2
NameofDecedent: Elsie M. Brooks
DateofDeath: January 2, 2003
Will No.: 21-03-0331 Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Com'-t Rules, I re?orr the
follo,adng with respect to completion of the administration of the above-captioned estate:
I. State whether administration of the estate is complete:
Yes ['-] No ~
2. I/the answer is No, state when the personal represeCtative reasonably believes
that the administration will be complete:
3. I/the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes _ No [-]
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
Did the personal representative state an account informally to the parties
in interest? Yes [] No
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Cleric of the Orphans' Court
and may be attached to this report.
Signature
Andrew C. Sheely, F.~qnir~
Name
127 South Market Street
P.O Box 95
Mechanicsbur§, PA 17055
Address
(717) 697- 7050
Telephone No.
C~3acity: [--] Personal Representative
[k--] Counsel for personal representative
TUCKERJ\RENSBERG
Attorneys
Brett A. Solomon 412.594.3913
bsolomon@tuckerlaw.com
August 12,2005
Register of Wills Office,
Inheritance Tax Division
Cumberland County
One Courthouse Square
Carlisle, Pennsylvania 17013
Re: Estate of Elsie Brooks; No. 2003-331
Property Address: 313 E. Lisburn Avenue, Mechanicsburg, PA 17055
To Whom It May Concern:
Enclosed are an original and two copies of the Inheritance Tax Release of Lien for the
above-referenced property to be filed in the above-referenced estate. Additionally,
enclosed is a check made payable to the Cumberland County Register of Wills in the
amount of $5.00 as quoted to me by your office. Kindly record the Release, time stamp
the two copies and return to my attention in the enclosed envelope.
Thank you for your attention to this matter. If you have any questions or would like to
discuss this with me further, please feel free to contact me.
Very truly yours,
r........')
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Enclosures
BANK]IN:254768-1000011-113511
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Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f. 412.594.5619 www.tuckerlaw.com
111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
CIVIL ACTION - LAW
FILE: 21-03-331
ESTATE OF ELSIE BROOKS,
DECEASED
DEFENDANT
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KNOW ALL MEN BY THESE PRESENTS:
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FOR VALUE RECEIEVED, the property hereinafter described is
hereby released from the lien, payment, operation and
collectibility of any and all succession, estate, or inheritance
taxes, now due or that may hereafter become due the Commonwealth
of Pennsylvania from the Estate of Elsie Brooks, deceased, who
died a resident of Cumberland County, Pennsylvania, on January 2,
2003.
ALL that certain tract or piece of ground situate in Upper Allen
Township, County of Cumberland and State of Pennsylvania, bounded
and described as follows, to wit:
Parcel - I
Beginning at a point in the center of the Lisburn Road, at
line of lands now or formerly of the grantors; thence north
forty-five degrees, twenty-two minutes west (45022'W.) one
hundred fifty-three and four tenths (153.4') feet to an iron pin
on the right of way of the P.R. & P.R.R.; thence along the right
of way of the said railway north forty-two degrees fifty-five
minutes east (42055"E.) eighty four feet (84') to an iron pin;
thence south forty one degrees fifteen minutes east (41015"E.)
one hundred seventy-one and five tenths feet (171.5') to a point
in the center of the Lisburn Road; and thence along this center
\i
.
of the Lisburn Road south sixty-four degrees thirty minutes west
(64030"W.) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neat
measure.
UNDER AND SUBJECT to reservations, restrictions, easements
and rights of way as recorded in prior instruments of record.
BEING the same premises which Norman H. Keck and Edna V.
Keck, his wife, by their Deed dated October 3, 1952 and recorded
in the Recorder's Office of Cumberland County, Pennsylvania on
January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife.
Parcel - II
BEGINNING at a point in the Lisburn Road, Thence North Forty
One (41) Degrees Fifteen (15) Minutes West One Hundred and
Seventy-One (171.5) Five Tenths Feet to an iron pin on the right
of way of the P.H.&P.R.R.R. Company; Thence North Forty-Two (42)
Degrees Fifty-Five (55) Minutes East Fifty (50) Feet to an iron
pin at lands now or late of Norman McCauslin and Carolyn B.
McCauslin, his wife; Thence South Forty-One (41) Degrees East One
Hundred and Ninety and Five-Tenths (190.5) Feet to a point in the
Center of the Lisburn Road; Thence South Sixty-Four (64) Degrees
Thirty (30) Minutes West Fifty (50) Feet to a point, the place of
beginning.
CONTAINING Twenty Hundredths of an Acre, Neat Measure.
BEING the same premises which Thomas E. McCaulsin and Pearl
A. McCaulsin, his wife, by their Deed dated July 28, 1952 and
recorded in the Recorder's Office of Cumberland County,
Pennsylvania on July 28, 1952, in Deed Book Volume 15A, page 440,
granted and conveyed unto David W. Brooks and Elsie M. Brooks,
his wife.
HAVING ERECTED THEREON a dwelling known as 313 E. Lisburn
Road, Mechanicsburg, Pennsylvania.
BLOCK AND LOT #42-11-0274-015
AND IT IS FURTHER AGREED that the Commonwealth will not look
to the above-described premises, or any part thereof, for payment
of any part of the principal and interest owed by the above-
captioned estate, now or hereafter to become due, or in any way
disturb, put to charge or damage, the present, or any future owner
or owners, occupier or occupiers of the said above-described
premises or any part or portion thereof, for or by reason of the
said judgment or any matter, cause or thing, thence accruing or to
arise; provided that nothing herein contained shall affect any
judgment or its legal validity so far as respects all other lands
and tenements of the said estate which are not herein expressly
release therefrom.
This release of lien is given pursuant to the authority
vested in the Secretary of Revenue by Section 809, 810, and 811 of
the Inheritance and Estate Tax Act of 1961, Act of June 15, 1961,
(P.L. 373, No. 207) (72 P.S. ~2485-809-811); the Act of December
13, 1992 (P.L. 1086, No. 255) (72 Pa.C.S. ~1775); the Act of
December 13, 1982 (P.L. 1086, No. 255) (72 Pa.C.S. ~1775); the Act
of August 4, 1991 (P.L. 97, No. 22) (72 P.S. ~9175).
IN WITNESS WHEREOF, these presents have been duly executed
this
;.;ll
day of ;r,
, 2005.
COMMONWEALTH OF PENNSYLVANIA
R~
Deputy Secretary for Compliance
and Collections
Department of Revenue
Attest:
.:2 L /7
;17' _.~
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this c?5 day of ~ ' 2005, before me, a Notary
Public in and for the county and state aforesaid, personally
appeared Honorable Joseph G. Breen, Deputy Secretary for Taxation,
Department of Revenue, of the Commonwealth of Pennsylvania, known
to me to be the person whose name is subscribed to the above
release, and acknowledge that, being authorized to do so, he
executed the foregoing release for the purpose therein contained
by signing on behalf of the Commonwealth of Pennsylvania.
dJj"
d:E::OFL2;
hereunto set my hand and official seal this
, 2005.
R~~
Deputy Secretary for
Compliance and Collections
Department of Revenue
swo~~ ,ti!~ thi s OJ). -- day
of)'[;f;LQ ~J}j
Ctary Public
My Commission Expires:
NOTARIAL SEAL
CHRISTINE A. STAHL
Notary NJIIc
CI1Y Of HARRIS8URG,DAUPHIN COtHIY
My Commlulon Expires Jon 28, 2001
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Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 12/16/2005
WIEGNER IRENE E
46 WEST ALLEN STREET
MECHANICSBURG, PA 17055
RE: Estate of BROOKS ELSIE M
File Number: 2003-00331
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
1/02/2006
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Counsel
Judge
J~
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 12/06/2005
SHEELY ANDREW C ESQ
PO BOX 95
MECHANICSBURG, PA 17055
RE: Estate of BROOKS ELSIE M
File Number: 2003-00331
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after
July I, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
1/02/2006
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~P/~
' ...,,/-. - it' i'/J"[,:'./ j ,
~u'~;;,,__ .,,,,/,0',,.,",-'-'... .'
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GLENDA FARNER STR~SBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
ft
:-::::rFi\JED Frs S',2
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Estate of BROOKS ELSIE M
Late of UPPER ALLEN TOWNSHIP
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
~
Estate No.: 21-03-00331
Date:
2/22/2006
NO.: 21- 03 - 00331
SHEELY ANDREW C ESQ
PO BOX 95
MECHANICSBURG PA 17055
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: WIEGNER IRENE E
Personal Representative Counsel: SHEELY ANDREW C ESQ
Date of Decedent's Death: 1/02/2003
Date of Delinquency Notice: 1/02/2006
The undersigned, Glenda Farner Strasbaugh, Clerk of Orphans'
Court, in accordance with rule 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, Supreme Court Orphans' Court Rule, and that the
requisite notice, pursuant to Rule 6.12, Supreme Court Orphans'
Court Rules, was given by the Clerk of Orphans' Court on 1/06/2006
and that the ten (10) day notice to file the 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 personal representative or
their counsel.
~~~
cc: File
Personal Representative
Counsel
Glenda Farner Strasbaugh
Clerk of Orphans' Court
A hearing is scheduled for May 01, 2006 at 11:00 AM in
Courtroom No.2. If the Status Report is filed prior to the
hearing date, the hearing will automa~e cancelled.
~~'1~~
Edgar B. Bayley, PJ \
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STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Elsie M. Brooks
Date of Death:
,1 t=I n 11 ;:} r y 7 1 2 00 3
Will No.:
2003-00331 Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes I!J No 0
2. lfthe answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes No 00
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
Date: ~i 1
c. Did the personal representative state an account informally to the parties
in interest? Yes [!1 No 0 *Insolvent Estate. All Estate assets
assumed by PNC Bank, NA, through foreclosure proceedings
c. Copies of receipts, releases, joinders and approval of formal or ~~ t8 i ~~r r~~~~~
informal accounts may be filed with the Clerk of the Orphans' Court
and may be attached to this r~. 8B
26, 2006 ~ 0
.
Signature
'\;':j ,.
lcH'():j
Andrew C. Sheely, Esquire
Name
127 South Market Street
P.O. Box 95
Mechanicsburg,PA 17055
Address
(717) 697-7050
Telephone No.
c. S . 7 \ '1..' Q" \ I III Q n f17
o +v hJ J v co II JU;"<'
Capacity: 0 Personal Representative
~ Counsel for personal representative
'j ! i,', ' :', '~,
"'il""'\; \ ; ,""\
"'"-I :~ ~ -"', ~', J
..J'v 1....- '....
~
75056051,047
C`, Cn
R E Y~~ J V o EX (06-05) 6r,
Pf~ Department of Revenue -~- --~---... ~_.. _._._
County Code Year F le Nr mbe~
Bureau o~f Indiv~~dual Taxes INHERITANCE TAX RETURN
Po Box zaohol 2 1 0 3 0 3 3 1
Harrisburg. Pa 17128-osol
.. d _ _. -~. ~a.- _._- RESIDENT DECEDENT
--. _._ ~,....~ ..-n~~, _ ~ ~ ~ ~ -~_. .
ENTER DECEDENT INFORMATION BELOW
Soclai Security Number Date of Death Date of Birth
2 0 2 2 0 6 3 4 9 0 1 0 2 2 0 0 3 0 1, '0 4 1 9 2 7
C1r-, - Vent's Last Name Suffix Decedent's First Name Mi
B R 0 O K S E L S`I E M
(If Applicable) Enter Surviving Spouse's Information Below
Spousf~'s Last Pdame Suffix Spouse's First Name MI
Spc-~.i5e's Sociaf Security Nurnber
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL iN APPROPRIATE OVALS BELOW
~?~_ - 1 ?riymai Return ~ 2. Supplemental Return ~ 3. Remainder Return (date of death
prior to 12-13-82)
~, 4 LirliiPYd Estate C~ 4a. Future Interest Compromise (date of 5. Federal Estate Tax Return Reyi.~irFd
death after 12-12-82)
ti [ -dent bled Testate ~ Z Decedent Maintained a Living Trust ~ 8. Total Nurnber of Safe Deposit Hoxes
(--~~~ :h Copy of Wiii) (Attach Copy of Trust)
_' ;:- Litiy~ation Proceeds Received ~ 10- Spousal Poverty Credit (date of death 11. Election to tax under Sec. 91'13,1e)
between 12-31-91 and 1-1-95) (Attach Sch O)
~
TO:
CORiRE5PONDENT - TNIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED
f~~~,~~-; Daytime Telephone Number
A N D R E W C S H E E L Y E S Q U I R E 7 1 7 ~9 7 7 ~5 0
Firm NamF= (if Applicable) ~ , °~
7
I -i
.
i ~ ~ , .`
~ 1~ ~
First lire of aaaress
II ~_, -...
-.~ (U ~ :; ~ ':
..~
1 2 7 S O U T H ' M A R K E T S T R E E T ,--, d~
~
y~
e
~~r rx;ii !ir r ~;f taddress ~ ~ __..
-- - ,i
P 0 B O X 9 5 jr
w
City or Post Office State ZIP Code ~_.__.__
M E C H A N I C 'S B U _R G P A ' 1 7 0 5 5
corn;:~p~nd~~nt~e-mailaadress, andrewc.sheelyCverizon.net
U )e~ r<a~t ~ of per~~ry, I declare that I have examined this return, including accompanying schedules and statements, and fn the best of my ~nowir ~ lye i be,!ie
i'. s ;r~ ,rre c.1 and ~ -mp~ete. Declaration of prepare, other than the personal representative is based on all infonrration of which prcparE 17 ~ ~n knaveie~9yF-
m. .~n.v~ ~.,~ m~ -~.~, ~®.~.
NtI 'V t i. N. IabitSLE FOR FILING RETURNI ne g W1 e ner DATE
4 6 j~ . A 11 e n S t , M e c h a n i c s b u r g ,1~~ 17 0 5 5 g ~~~,,,~ .t.~~.~,~,~.,~,,,. ~-.._..1.~,._...~`l - %% ';<'"
,~~ ~..M, nm ..~..~
ll~E OF r'fdEF'ARER OTHER THAN REPRESENTATIVE ~ ;~ !)ATE
Andrew C Sheely, Esquire rt~~f ,, '~~ '`~
12'7 S. MarKet St.,P.O. Box 95, Mechanicsburg, PA 17055
__ . __.. _..... ~ _~A .__._ _." ~...-..._~....~--~--ae~ _~-.~_._ _ .. __ ~_....., "_".. __ __.
PLEASE USE ORIGINAL FORM ONLY
75056057047
Side 1
7505605204?
,-- ,
15056052048
REV-1500 EX
Decedents Socia l Secur ity Nurn be r
,_ ,,,,,,n,,,,. Brooks, Elsie M. 2' 0 2 2 0 6 3 4 9
e~ ~ ~ . ~ _ ~~ ~~
R[mCAPITULATION ~ ~:~:.~_._ _ ~ -._ _M ~ -
1. RE,~! (,state (Schedule A) .......................................... ... 1. 3 2 2 6 0 0 0
2. Storkes and Bonds (Schedule B) .................................... ... 2
3 Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) .. ... 3.
4 141er?g,.~ges & Notes Receivable (Schedule D) ........................... .. 4.
> t;a,h. Bank Deposits & Miscellaneous Personal Property (Schedule E) ...... .. 5. 2 5 0 0 0
0. Juintly Owned Property (Schedule F) Separate Billing Requested ..... .. 6. 1 ~ 0 0 0
7. intF,r Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) Separate Billing Requested...... .. 7.
ra. Total Grass Assets (total Lines 1-7) .................................. .. 8. 3 2 6 1 0 0 0
9, t=urerai Expenses & Administrative Costs (Schedule H) ............... . ... .. 9. ~ 7 5 0 3 ' 3 6
10- Dents of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............. .. 10. 4 $ 4 5 2 0
11 Tatra Deductions (total Lines 9& 10) ................................. .. 11. 5 5 8 5 5 4 2
12. Net Value of Estate (Line 8 minus Line 11) ............................ .. 12. O
e O O
1;;. C;h~3ritable and Governmental Bequests/Sec 9113 Trusts for which
an elF'CtiOn to tax has not been made (Schedule J) ...................... .. 13.
1~`s. Net Value Subject to Tax (Line 12 minus Line 13) ......................
~.,,-._.._ ..................~a,a..-.,_,.e.w~m,,..m.,..~_._,-,,~,,,._._.w,..o.~......~~~.._.,~.,w,.._~
_,~
y .. 14. -
,u. ~ .~ ~
5
TA)~
COMPUTATION
' EE INSTRUCTIONS FOR APPLICABLE RATES ...~. ~ _~d...,,..~_..,,.~...~......~_..M. _-,,,_ __-. __...._w..._.~. ,. ._. _, .. _.,
1'~. Amount of Line 14 taxable
Gt the spousal tax rate, or
transfers under Sec. 9116
16- Amours? of Line 14 taxable
~
at lineal rate X _O, ~ 1g. ~
17. Amount of Line 14 taxable
at sibVing rate X .12 ~ . 17. •
~ti',. Amount of Line 14 taxable
at c ~Ilaf~~~ral rate X .15 - • 18.
19. TAX DUE ....................................................... ..19. 0 .~ 0
ZC. F4LL iN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ,_
Side 2
15056052048 15056052048
~~~v ~~_~t~_r 1'.,i:~3 Fi4eNumber 2,1-03-0331
O~uedertt's Complete Address:
~DE'~EDEN1"S hJAf~IE
Elsie M. Brooks
t1 Rt_F1 AD'u'RE:~S
313 East Lisburn Road
w_ ~ Mechanicsburg sTaTE PA Z1~ 17055
~`~x Payrri~ents ai7d Credits:
1. Tr~x Due (Page 2 Line 19) (1) 0.00
2 L c(tit5f l \it7refli
A. Spousal Poverty Credit
B. Prior Pav~~iant5
C;. l)~tii;Oliflt
Total Credits (A + B + C) (2)
3 Ii,tcrEist Pu~lalty if applicable - -- -_- . __
D. Interest
E Penalty
Total Interest/Penalty (D + E) (3)
~1 {f i_ine '? Is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. - - --
Fill in oval on Page 2, Line 20 to request a refund. (`t)
5 It Line 1 + I_isie 3 is greater than Line 2, enter the difference. This is the TAX dUE. (5)
A. Enter the interest on the tax due.
(5A)
0.00
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 0.00
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred :.................................................................................... ...... [_~ ~?`~
b. retain the right to designate who shalt use the property transferred or its income : ...................................... ...... [_.__[ [''`*[
c retain a reversionary interest; ar .................................................................................................................... ...... ~
d. receive the promise far life of either payments, benefits or care? ................................................................ _
..... L_ }
?. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ....................................................................................................... ...... ~_~
3. Did decedent own an "intrust for" or payable upon death bank account or security ai his or her death? ....... ....... ^
=t. Did decedent awn an Individual Retirement Account, annuity, or other non-probate property which
.....................................................................
contains a beneficiary designation? ............................................
....... -
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS VS YES, YOU MUST COMPLETE SCHEDULE G ANp FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax race imposed on the net value of transfers to or for the use of the survivin5 spouse
is three (31 percent (72 P.S. §9116 (a) (1.1) (i)).
I=or ~latrs of death otti or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero i0) parcont
i72 P.S. X9116 (at (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
fiiinq a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
Tht, tt!x rata unposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of ~r natural ,~~;rent. an
adr,l~tivc~ ~~arent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(12)].
Thy ?ax r:~te unposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as Hated irti
72 i~~.S. s~~l i~t1.~) [72 P.s. §9116(a)(1)l~
Tht; tax rate IrrposFd rm the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. ~9116(a)(1.3)] A sibling is defi;~ed. under
Section 91 f)2, as. an individual who has at least one parent in common with the decedent, whether by blood or adoption.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
HARRISBURG: DISTRICT OFFICE
STRAWEERF'.Y SQ
4TH & WALDIUT STS
HARRISBlJR~7 PA 17128-0101
REV-922F0 AF'Y x(12-06)
Phone: (717)783-1405 Fax: (717)783-4447 Web: www.revenue.state.~a.us
ANl>I2EW C SHEELY
127 S MARKET ST
PO :BOX 95
MECHANICSBURG PA 17055
Date of Notice: 11/4/2008
RE : CC File#: 2103-0331
NOTICE TO APPEAR:
DATE: 11/13/2008
TIaVIE: 11:00 AM
Dear ANDREW C SHEELY
Our records show outstanding TAX DELINQUENCIES and/or NON-FILED PERIODS under
your account. You must rectify this matter immediately by appearing at the
HARRISBURG DISTRICT OFFICE to meet with Revenue Enforcement Collection
A~;Pnt Vital [~ ara~x~~ on the date and time listed above. You should
be prepared to file all non-filed returns and pay the amount due for each return. (See statement
of liabilities and non-filed periods listed on reverse side).
If you are unable to appear at the time and date listed above, please contact:
Revenue Enforcement Collection Agent Caraway
at (717)787-3837.
Failure to appear and to resolve your delinquencies may result in further enforcement action,
including referral for audit.
Sincerely,
Albert Forlizzi
District Administrator
ce: File
(C'ertilied Mail-Return Receipt Requested}
J~
.. SCHEDULE A
~t ~ -N~~rwnrviA MEAL ESTATE
r ~ o t N~
ESTATE OF
Elsie M. Brooks
FILE NUMBER
21-03-0331
All real property owned solely or as a tenant in common must be reported at fair market value. Fair market vaiue is defined as the price at which property would be
exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts
Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F.
riEM VALUE AT DATE
NUMBER _ DESCRIPTION OF DEATH
313 East Lisburn Road, Mechanicsburg, PA 17055. Parcel No. 42-11-0274-015
Decedent died on January 2, 2003. At the time of her death, Decedent lived in a residence
located at 313 East Lisburn Rtl.. Mechanicsbura. PA 17055. Parcel No. 42-11-0274-015.
The house had no functioning running water and a nonfunctioning; illegal
septic system comprised of a cinder block holding area. The property sustained serious termite
damaoe causino floors and walls to saa. Foreclosure oroceedinas initiated by PNC Bank
docketed to Cumberland County Docket 03-3759. Property sold at Sheriffs Sale on June 9,
2004 for $60.100 to Attornev James M. Bach. Unon tliscoverina the condition of the oronerty.
Attorney Bach defaulted, surrendering $6,010 deposit to Office of the Sheriff. Subsequently the
real estate was relisted for sale and sold at Sheriffs Sale on June 30. 2004. to
Courtney Dunn, Agent for Attorney Haller at an amount of $27,000. The second purchaser also
defaulted. surrenderina X2,700. Subseauently. the writ was staved and eventually
PNC Bank took title by Sheriff Sale for $1.00.
The value of the $32,260 was determined by using the 2003 assessed value of the land value
only due to the uninhabitable and deolorable condition of the imorovements. Further.
no Estate funds were available for the payment of an appraisal.
TOTAL (Also enter on line 1, Recapitulation) I $
(If more space is needed, insert additional sheets of the same size)
h,1bF1T~~AC1=r,C7
Carrtrof Na: 042-0o03D~4 2Dtl3 Statemantt~f Real Estate Taxes BiII Date: 3%01,2011+
'P 1'AD` E
rc
MARL-WA. YOWN, SR., TFtEASiJRER
6 f-ilClf{7RY LANE
i~9ECWANICSBURCz, PA 1-;'055-4713
9es^.
'MAP IVO: 4;?-11-0271-075
313 E LISBURN ROAD
ACP,ES .530
z~,w
LAND ~~,
Resitl~antlal Building ~ :
RE81ClENTlAL
Aessaa°~ Lanc imp-ovemani; Mineral
h
~oea1
_..
~~a1u~e 32 250 ~°, 91C C 82~17D
~ F E t
?2atey
QG20~5CD scaunt ~ .ace 'Penal"`
.
.OG20.750d 2 ~ 1~
C~UP7TY k/E 65. v0 162.;.2 7:54s7b 16E.12 184
93
Pates ,OV01G306 .000103GC 2 ~ .
lp~
CCUNTY LZH 3.32 Salk -x.23' 8.k5 5
31
1p E A C .
_ -
Ra'tee .DOD24400 .OC02440G 2 ~ 1=0:~k
n' C:.;P/E ,.87 12.1? 19.SS 2r.C.~5 22
OG
d
~,~ ~'A~rb ~ UN7 DUE -~---->
~92.~ro i
$yss.ss ,
~
P
~
Tf
aid
on or AE ter 3/01/2003 Sr Dl/2QG3 7J0~/20D~
_ Tf Pa3,d Ohar Before (!3_6/2063 ~ 6J C/2003
rAx BFtt)OK~, ELSI~ .~L..~.
k~R 46 UI- ALLEN STi~EET
ME(~HaNIGSC~l1RG PA '(7"Q55-627
~~ce WED, 7HURS 1 OAM-2PM, v`rEb 6-5PM
~~•as & DY A PPbINTtv1EiVT-C Lb~;ED HOLIDAYS
OFFJCE AT 100 aE7TYSBllR a PIKE
804 U.A. TI"JP BLDG PH (71.7)'68-438
1= .~,. ,. tni.., n: li~l. /. 'vu~ _'tyL~ L':LL i'+IS,L BE Rc^_"L'?2S:LPi "_'.^, ^_`,~1[
CI,AtId 9L?Ei:;T FpR COLL~CTTCI.1 ;,1•,'L'i FTLZtJ3 CF t~ EI? AGnrNST
YCGP, Fk~P~R?Y.
Return Bill with Payment. For a Receipt ,Enclose Se!£ Addressed Stamped Envelope
CUNlaVIISSI4NF,RS of UPPER ALLEN TOVffiTSHIP
C[IA+iBERLAIVI'! C4iTNTY
100 GETPYSBtJRQ PIKE
auARD ~'' MECHANICSBURG, PA 17055-5698
MARK E LEWIS. PtrsiAeat
UAWIQ 5. I~RAZER, V7cc Ptcsi~lenc
VlRGlNU M. ANDERSON
JAN[F5 O. COCHRAN
R?SEPH J. CHSCIC
September 24, 2004
Pro Rear & Certified Mai! # 7001036@ 0000 7490 7103
David W. & Elsie Brooks
4b West Allen Street
Mechanicsburg, PA 17055
Re: 313 Fast Lisburn Road, Parcel Number 42-I 1-02740iS
Dear Mr. and Ms. Braaks;
7rowNSmr IM~APtA.Gt~.R:
LOil ~AZ6KA5
1FLEPHON& (717) 766.O75b
FAX. (717) 79b-9833
EMAIL: L'Fazc~as@uppaatlaxwpa
V-+EB PAt3& twRuPPa-~~
Lipper Allen Township real estate records show you to be the owner(s) of record of the above-
r+eferencxd properly. 'T'his letter is being sent m you due to the unsanitary and unsafe conditions
existing on and around. this property, which is vacant.
Presently, them are two trailers or campers (Shed with,junk), with open doors siding on the Tot
The property is not secured and is overrun by very high weeds. There is a (tee with its roots
growing under the foundation of the house and its trunk leaning against the roof of the house.
Among other unlisted items found on the lot, are two ddapidated sheds in the rear of the property.
Area residents have expressed their objections bo the unsanitary, blighting outlook of your
Property in question, including safety concerns regarding the structure.( integrity of the house
Itself
The condition of your property as descn~bed above violates the Property Maintenance Code of the
Township. You are therefore directed ~ respond to this Township Leiter in writing witfiin sa_ ve
days f7) davs from the date of this letter so a schedule of abatement of this violation can be
mutually worked out Shaukl you fail to respond as directed, the Township may then instiate
candenanaticm of Your property (among other passible actions) and any ~ from such action(s)
by the Township shall be a lien on said property.
Please feel free to contact me at the Township office if you should have any questions regarding
this matter or correspondence.
s- ly, .
Max
Assistant Zoning/Codes I;nforce~ment Offices'
P:1Property Maintenamce~C(?RRFSP41313.E.Lis.Rd..doc
SDS!Nov. b. 2008 3:40PM Cumberland County Pennsylvania No, 2974 P. 3
Docket Entries
2003 - 03759 R PNC BANK NATIONAL ASSOCIATION (VS) WIEGNER ZRENE E ET AL
Page 4 of 4
- - - ~ - - - FIRST EN'.~RY - ~ _
3/04/04 REAL ESTATE WRIT RECEIVED THIS DATE TO BE SERVED UPON DEFENDANT.
SALE NO 41 FOR JUNE 2004,
3/1.9/04 REAL ESTATE WRIT NOTICE AND DESCRIPTION SERVED UPON-ZRENE E WIEGNER
ON MAR 4,04 AT 1826 HRS BY HANDING TO ZRENE WIEGNER AT 46 W. ALLEN
ST., MECHANICSBURG, FA. SERVED BY CPI, REITZ
4/23/04 REAL ESTATE-WRIT, NOTICE, POSTER AND DESCRIPTION POSTED ON PREMISES
LOCATED AT 313 E, LISBURN 12D,, MECHANICSBURG, PA ON 4/7/d4 AT 5:20
PM BY DEPUTY VALERIE WEARY.
4/28/04 AFFIDAVIT NOTIFYING LEIN HOLDERS OF SALE RECEIVED THIS4DATE
6/09/04 REAL ESTATE PROPERTY~SOLD TO JAMES BACH FOR $60,100 00 - - .~
F2=Done F~.O~Print F12=cancel F17=Top F18-Bottom
SOSGN~v, 0, 2008 3:40PM Cumberland County Pennsylvania No. 2974 P. 4
Docket Entries
2003 - X3759 R PNC BANK NATIONAL ASSOCIATION {VS) WIEGNER IRENE E ET AL
Page 4 of 4
6j11j04 LETTER RECEIVED FROM JAMES BACH NOTIFYING OUR OFFICE OF HIS INTEN-
TION TO DEFAULT ON THE SHERIFF'S SALE.
6j15j04 SPOKE WITH MICHAEL MACZAK FROM ATTORNEY BRETT SOLOMON'S OFFICE.
NO`T'IFIED HIM OF' JAMES BACH'S INTENTION TO DEFAULT ON THE PURCHASE
OF THE PROPERTY AND ADVISED HIM THE PROPERTY WOULb BE RESOLD ON
JUNE 30, 2004 AT 1000 HRS IN THE SHERIFF'S OFC.
6,~15/Q4 SPOKE WITH .ATTORNEY ANDY SHEELY THIS BATE. ATTORNEY SHEELY REPRE-
SENTS THE ESTATE OF IRENE WIEGNER, ADVISED HTM OF JAMES BACH'S
INTENT TO DEFAULT ON THE PURCHASE OF THE PROPERTY AND ALSO ADVISED
HIM THAT THE PROPERTY WOULD BE RESOLD ON 6/30/04 AT 1000 HRS IN `THE
SHERIFF'S OFC,
F2=Done F10-Print F12=Cancel F17=Tap F18=Hattom
SpSG~11ov_ 6. 2008 3:40PM Cumberland Cr~unty Pennsylvania No, 2974 P. 5
Docket Entries
2003 - 03759 R PNC BANK NATIONAL ASSOCIATION (VS) WIEGNER IRENE E ET AL
Page 4 of ~
6/30/04 REAL ESTATE PROPERTY SOLD TO COURTNEY DUNN (REPRESENTATIVE FF.OM
ATTORNEY HALLER~S OFFICE) FOR $27,000.00
7%21/04 REALrESTATE WRIT~STAYED THIS DATE BY ATTY ARENSBERG.
9/'03/04 REAL ESTATE WRIT RECEIVED TO BE SERVED UPON DEFT. SALE NO 46 FQR
DECEMBER 2004.
~/14i04 REAL ESTATE WRTTrSERVED UPON IRENE WIEGNER ON^9/07J04 ATr2:43 PM
BY MAKING KNOWN UNTO HER PERSONALLY AT 46 WEST ALLEN STREET,
MECHANCISBURG, PA. SERVED BY DEPUTY MCKINNEY,
10/26/04 REAL ESTATEYWRIT, NOTICE, POSTER AND DESCRIPTION POSTED ON PREMISES
LOCATED AT 313 E. LISBURN Rb., MECHANZCSHURG, PA ON 10/25/04 AT
3:40 PM BY DEPUTY V. WEARY, +
F2=Done F10=Print F12 ;Cancel F17=Tap FI8=Bottom
SpS~CJov, 6. 2008 3.40PM Cumberland County Pennsylvania ~~~ 2974 P. 6
Docket Entries
2003 - 03759 R PNC BANK NATIONAL ASSOCIATION ~VS~ WXEGNER IRENE E ET AL
Pages 4 of 4
11/22j04 REAL ESTATE SALE CONTINUED TO JANUARY-5, 2005 PER INSTRUCTIONS
FROM MICHAEL MAZACK OF ATTORNEY BRETT SOLOMON'S OFFICE,
12/21/04 AFFIDAVIT NOTIFYING LEINYHOLDERS OF SALE-RECEIVED THIS DATE,
1/05/05 REAL ESTATE PROPERTY-SOLD-TO ATTORNEY-SOLOMON FOR $1 00 -
2/01/05 DEED RECORDED THIS DATE,
- - - - - - ~ - - - - ~ - - LAST ENTRY ~ - - - - - - - - _ _ _ .. _
F2-Done Flo=Print F12_Cancel F17^Top F18=Bottom
`r
~~~~ ~ n.
;~ 1n7M~~~rS~ OF PtNNSYLVANIA
IN:~':rh!i, ~_ Ti".X RETURN
i I ,r;~f rrr
SCHEDULE E
CA5H, BANK DEPOSITS, & MISC.
PERSONAL PRC>PERTY
ESTATE ~OF FILE NUMBER
Elsie M. Brooks 21-03-0331
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATEf
_ NUMBER DESCRIPTION OF DEATH
1. Decedent died on January 2, 2003. At the time of her death, decedent's personal property, furniture and
hame cantents were in deplorable condition caused by a tleterioratina residential structure.
Decedent's personal contents were damaged by weather, leaking roof and mold. O.G3
2. 1983 Chevrolet Caprice stationwagon, Serial #2GIAN35HXD1170942, having 146,546 miles accrued 25~J C1tti
3. 1976 Nomad Trailer -non-usable, no value ~~ ~?'
4. 1974 Wilderness Trailer -non-usable, no value ~~ ~~~
TOTAL (Also enter on line 5, Recapitulation) $
(It more space is needed, insert additional sheets of the same size)
~~:.{ 1. '~
~; C)E PENN:±YLV,ANIA
~a~ ~ - x xETUE;N
NT DF_C'Fl:)rTdT
SCHEDULE F
JOINTLY-OWNED PROPERTY
ESTATE OF FILE NUMBER
Elsie M. Brooks 21-03-0331
~t£~it~'TLY-OWNED PROPERTY:
~~
~.,. CESCRiPT10N OF PRC)PERT~
~JDr N ~tVE OF f INri JUAN INSTITUTION AND DANK ACCOUNT NUMHEP 0~ SIti11LAH
I ~~iIFYING NUMBER. ATTACH DEED G7R JQINTi Y ~-,ELD HEF t -STr1~E
DATE 0~ DERiI-i
VALUE OE f „SEI~
~ A PNC Bank account $100.00 100% ~t) t?~i
TOTAL (Also enter on line 6, Recapitulation) ~ $
(If more space is needed, insert additional sheets of the same size)
CC C~u
If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G.
iF~?-1511 FX+ (12.93) i
SCHEDULE H
~, ~-;
coUrncNwEArTH of PENNSVrvaNla FUNERAL EXPENSES &
INHFr11TANCf Tax r;ETURN ADMINISTRATIVE COSTS
RESIDENT DECE SENT
ESTATE OF FILE NUMBER
~Isie M. Brooks 21-03-0331
Debts of decedent must be reported on Schedule I.
iTi M
~IUM[3ER DESCRIPTION AMOUNT
A FUNERAL EXPENSES.
1 fviyers Funeral -dome - not paid by Estate due to lack of funds :~6,G6oJ ~~~
a.
1
2
3
A~iU1iNISTRATIVF COSTS:
Fersc~•ai Rep~a~entativa's Commssons
Name o` personal Represen[ative(s} Irene ~. WIP,~n~f
Social Se -..~r ty Numbe~(s)lEIN Number of Personal Representatve(s)
street Ad+ress 46 West Allen Street.
city Mec hanicsburg .state PA z;p 17055
Year(s;~ C~.;mm ssion Paic;
Attorney=ees Andrew C. Sheely, Esquire - not paid due to
rack of funds
=amdy Exempt,c . (l! decedent's address is not the same as claimant's, attach exp;anation)
Cla meat
Street Address
c,ty State _ Zip
Refa?~ons^ o of Claimant to DecederfY
Probate gees
Acccuntan''s =ees
lax Return Prepa er's Fees
75~.Q0
84 00
TOTAL (Also enter on line 9, Recapitulation) S ~ 'S0`~ 36
- ------
hf mere space is neeaed, insert addit;ona' sheets of the same size}
MUR_REL R, WALTERS, III
AttoYney at Law
54 East Main Street
Mechanicsburg, PA 17Q55-3851
(717) 697-4650 (717) 697-9395 Fax
March 5, 2004
:Crone E. Wagner
46 West Allen `ltreet
:Mechanicsburg, PA 17055
Re: >\lyers Funeral Home, Inc.
Dear Mrs. Wagner:
I represent Myers Funeral Home, Inc., which provided services far your mother,
Elsie M, Brooks.
Ito payments have been made toward the satisfaction of the debt. With some
accumulated in~erest, the balance now due and owing to my client is $6,669.36.
This letter is notice to you that my client is interested in having you honor your
payment obligation. I remind you that you personally signed the contract for the funeral
services. My client will be patient in permitting you to make payments, but such payments
have to start soon.
Please contact Myers Funeral Home directly to confirm your intention relative tQ'
payment. ~ f ~'~
:;
~~~e A yf/'
Murrel R. Walters, III
MRW / dlr
cc: Myers Funeral Home, Inc.
RECEIP`~' FOR PAYMENT
------------------
-------------------
Cumberland County - Register Of Wills
Hanover and Hich Street
Carlisle, PA '7013
BROOKS E~LS I E M
File Number 2003-00331
Remarks WIEGNER IRENE E
SK
Distribution Of Receipt
Receipt Date 4/15/2003
Receipt Mime 11:06:40
Receipt Na. 1032532
Transaction Description Paymen~ Amount Payee Name
PETITION FOR PROBA 60.OG CUMBERLAND COUNTY GENERAL FUN
SHORT CERTIFICATE 6.00 CUMBERLAND COUNTY GENERAL FUN
RENUNCIATION HEIRS 5.00 CUMBERLAND COUNTY GENERAL FUN
EXTRA PAGES 3.00 CUMBERLAND COUNTY GENERAL FUN
JCP F;EE 10.00 3UREAU OF RECEIPTS & CNTR M.D
Check# 1946 $84.00
Total Received....... $84.00
~' /" "
:E`J-151L EK+ 112-~J3)
1s'~;
COMrAONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE 1
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE nF FII F NIIMRFR
Elsie M. Brooks 21-03-0331
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM VALUE AT DATE
_ NUMBER _ DESCRIPTION OF DEATH
~ PNC Installment Note and Mortgage, subject to foreclosure proceeding initiated by PNC Bank docketed to S34 4~j~, =11
Cumberland County 03-3759. Amount of iudament and collection fees due of X34. 496.41
2. Chase credit card debt due National Financial Systems, Inc.-Acct.#5260317680013820 per attached 1 ~C7 l~;
statement.
3 Discover credit card debt due NCO Financial Systems-Acct.#6011002960328912 per attached statement 1 C ;,; ? ~ 3
4. Decedent 2003 County/Township taxes per attached statement ? 1 ~; ,; r,
TOTAL (Also enter on line 10, Recapitulation) $ 4z3'G~~~ i}~~
(If more space is needed, insert additional sheets of the same size)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
Na. 03-3759 Civil Term
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELS1E M. BROOKS,
De#endant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4T" FLOOR, JURY ASSEMBLE ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on Wednesday, June 9, 2004, at 10:00 AM, the following described real estate, of which All
Known and Unknown Heirs of Efsie M. Brooks are the owner or reputed owner: Please see
attached description of property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
IRENE E. WIEGNER, ADMINISRTATOR
OF THE ESTATE OF ELSIE M. BROOKS
<~t Ex. No. 03-37x9 Civil Term in the amount of $34,495.41.
9. ~, ~ ~.S.c v,C~i". ., .__..,.,.) ~qUl Ltll.: YI' .ILI Wau
f4'e want Joint Cretlii life insurance whicn costs $
Signature of Person tc be insured for Single Credit Disabllrty Insurance
Signature al Person tp a insured~ f~or Joint Cretllt pile Insurance
Borrower does hat desire er i_ not eligible rar credit insurance: ~~,~•!L ~ ~/J'.Q
Signature of Borrower
Notice tc 6orrowersJ: The maximum amount'o! coverage which insured Borrower(sJ will receive is set forth in the certibcate or policy, as applicable.
DIRECT INSTALLMENT LOAN NOTE
1. DEFINfTIONS: In tnts Note, the word "Borrower' means each. and alt of those who sign below
anc each and aB o''these whe endorse the check which drsburses the'Amount given directly to
Borrower.'
The word 'Lender" means
ar any person to whom this Not t~a~b~nsterr~tl_onal Association
2. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender
$ ,with interesl on the unpaid balance cram the date funds are
aav~etd4t~ttl p~E~ in tuft !nieres; shall tp pard at the rate per annum of 90,
Borrower promises to make payments in accordance with the payment scneZuir9d in this
Note. Borrower premises to pay to Lender all outer amounts which may became aue under the
Terms of this Nete, including, if appiicar~le, Late Charges and Costs of Collection. Borrower
agrees to make payments at the place ceslgnated by Lender. Borrower may also be required to
pay to Lender certain otr,e~ charges before Lender will give any money to Borrower. These
charges. it any, are stateC above in "Item¢ation of Amounts paid by Borrower at the time the
loan is made' ane!or in the Settlement Statement.
3. PAYMENT SCHEDULE: Borrower agree:. to pay to Lender the amounts due under -his Note
7. CREDIT REPORTS. Borrower authorizes lender to obtain credit reports on Borrower from tim
to time at lender's discretion while Borrower has a loan outstanding with lender.
8. LA1E CHARGE: J ) Noi Applicable. ( ] Bcxrower agrees that Lender may assess a late charg
for any payment not paid in full within 15 i~ys of its due date. The late charge will be the grease
al $20.00 ar 5~ of the total amount of the oayment which was not pard m lull. No late charge wi
be due, however, if the reason that the payment is late is either {aJ attributable to a fate charg
assessed on a prior payment; or {b) because, after default by Borrower, the entire outstandnn
balance on this Note is due. No more than one late charge will be imposed for any singi
scheduled payment.
°. MONTHLY PAYMENT CHANGES,
[ )The payment amounts will not change over the term of the loan except as stated in th
"?ayment Schedule."
I I The payment amounts may increase (but will not decrease; it Borrower terminate
~ticipat,on in the ; J Club or Package Pian I ) Automatrc Payment Plan. Lentler wi
determine the amourQfof equal monthly payments tt~i would be sufficient to repay in full, by to
Maturity Dale, the anpaid principal balance that is expected to be due on the payment cttang
date, at the new interest rate, If the payment amount will increase, Lentler will notify Borrower c
the effective date and amount a{the new payment.
j '• in uninterrupted monthly payments payments of $
ar~a hnal payment, whicn will be billed~~~entler, of a!! remai~i~~un~a}d amounts. I J Changes in the interest rate may cause the number of payments to change and/or th
Faymenu wiU be due on the same day of each month starting on amount of the final payment to change. One month before the Maturity Date, if necessary, ih
Sur.. 15 2OQ 1 number of payments due will increase so that the final payment will not be more than ]5096 c
Payments will cani:inue until alt amounts cue are aid.
payments
o' $ and a final payment, which witl be billed by the Lentler, of ail
remaining unpaid amours.'ayments wiG be due oc the same day of each month starting on
°ROYIDED, HOWEVER; that no payments shall be due during the
manttts of ,
or each year.
I in a single payment of; plus accrued interest and al( other
amounu due on
( ; In addition, prior to the month of the first scheduled payment as stated above, interest
shall be payable monthly an the unpaid ba~ance and shall be due on the same day of the month
as ttte later paymen's.
The date that the final payment is scheduk~d in ibis paragraph to be due is calved ihe'trtaaturity
Date" of this Note.
4. VARIABLE RATE;' '.. No! Applicable. I J The interest rate on this Note may
change based o~~changes in the Interest Rate .index. The Margin Jar interest rate
c~anges is percentage points. See the "Changes in Interest Rate"
section on the reverse side of this Note.
5. AUTOMATIC PAYMENT PLAN: ~ J Nnt Applicable. I J 3orrower authorizes gentler
to Getluct the payments on. this loan from Borro+i~r's depcsit account number
on each scheduled payment due date. The interest rate on this loan
5~;a$~~+~~e~tp14 percentage pomts ;'Automatic Payment Plan Discount"J
it participahon iA'tdi ~uEhmanc payment pion is discontinued for any reason, including: faj d
any Borrower chooses to terminate partrcFaation; {b) it the deposit account identified above is
crasea; or jc; it there are not sufficient funds in the account to make the toll monthly payment
on three payment dates.
6. CLUB OR PAGK~4GE PLAN: I 1 Not rtippiicable. J Borrower is partic;paling in the
?package of banking services ){Hawn as, cr is a quairfiet~member of a clue group known as:
F. "SfW:_...."
The interesl rate inn this Note-may increase by percenage points ,'Club
'. Discount, rT paiticiparion in this Package Plan ar(~lu~&t9up,is discontinued for any reason.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
raw ,zaooao~oc
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J J Changes in the inleresf rate may cause the number of payments to change and/or ih
amount of the payments to increase; the first change m the payment amount may occur an a dot
48 months after the due date of the first monthly payment; subsequent changes, it applicable
wih occur every 46 months thereafter, Not more than 45 days, bet not less than 25 days, beior
the date of each payment change, Lentler wilt calculate the new payment amount The paymen
amoum may increase but will not decrease, except for the final payment Lender will determine
the amount of equal monthly payments that would be sufficient to repay in frill, by the Maturit
Data, the unpaid principal balance that is expected to be due an the payment change date, at th
interest rate in effect at the time the caicuiation is being made. lender will notify borrower of th
new amount of the payment which is due. One month before the Maturity Date, if necessary, th
number of payments due wilt increase so that the final payment will not be more than ]5D% a
the previously scheduled monthly payment
10. THE ADDITIONAL PROYISfONS ON THE REVERSE SIDE ARF INCORPORATED HEREIN A'
PART OF THIS NOTE. BDRRDWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED-If
COPY OF THIS NDTE. BY SIGN ING BELDW, BORROWER AGREES TO BE IEGAItY 80UND BY Al
THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees that th•
signature y Borrower is genuine.
Harrower Date
SLSI& H BRf?t~1CS
Borrower Jate
il. CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who i
designated as a Co-Maker agrees !a be equahy responsible with air other Borrowers for th
payment al this loan and performance of all promises in this Note.
Co Maker Date
Co•Maker Date
> / _ - -
~,, {~ r iJ ! ~ ~/~ MORTGAGE OLNACS ~zim~~~~9011 ~
~11 ~~ ~ (Closed-End)
~ Mav 9, 2001 DP.VID BROOKS{^BC~ASBD! AF2D S1SIB K BROQRS
^ THIS MORTGAGE is made on .The Mortgagor is
f mere is more than one, the w• efers to each and aA of them. The Mortgagee is PNC Bank, National Association
'~L.S~°~F~~a
The word "Borrower' means
it mere is more than one, the wor;i 'Bcrrowe~ herein refers to each and all at them.
Thirty Thousand One Hundred And 50/I00
Borrower owes g tr un of
~, 3~ . ~ 2~ay 9 , 2~~~'rs
(~,~,c, ~ `.This debt is evidenced by Borrowers writter. obligation (referred to herein as the 'Note"), dated
This Mor?gage secures to Mortgagee: {a) the repayment of the debt evidences by the Note, with interest and other charges as provided therein:
(b) the payment ct all other suns, wits. interest thereon, advanced Ytereunder for the payment of taxes, assessments maintenance charges, insurance
premiums ono costs incurred to ^rotect the security of this Mortgage; (c) the payment of all of Mortgagee's costs of collection, including costs of suit and, it
permice0 oy taw reasonable attorneys' fees and expenses, if suit is tiled o~ other action rs taken to collect the sums owing or to protect the security of this
Mortgage; {d; payment of any refinancing, subst'stution, extension. modification, and/or renewal of any of said indebtedness, interest, ct-Barges, costs and
expenses; {e) the performance of Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Note; and (f) the repayment of the
deb; evidenced by any note ar agreement which was refinanced by the Note, tc the extent that such debt is owed fo Mortgagee and has not been pa,d. For this
purpose, 'vlo!tgagor does hereby mortgage, grant and convey to Mortgagee the following described property, together with all improvements now or hereafter
erecter, and a;' easements, rights and appurtenances thereon, located at anc known as:
313 E LISBURN RD, MECHANICSBURG, PA 17055 CUMBERLAND
Recording Date of Original Deed fan. 11, 1955
Deed Book Number 16-E Page Number 421
Tax ?arcel No. 42-11-0274-015 11
Lot No . N/A (~ ~ ~ ~ ~ I -~ j~ '}"W ~ _ -
~~
he word "Property" ~•terein shall n-lean all of the foregoing mortgagee property.
To have and to holy the Proper~y unto the Mortgagee, its successors and assigns, forever. Provrded, however, that it Mortgagor and/or borrower shall
pay to Mortgaf;ee the said debt, interest, and alt other sums, and perform all covenants and agreements secured hereby, then this Mortgage and the estate
conveyed by it shall termrnate and became vord.
Warranty of Title, Mortgagor warrants and represents to Mortgagee that: (a} Mortgagor is the sole owner of the Property, and has the right to mortgage
and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the Property
against all claims and demands except encumbrances now recorded.
Covenarrts. Mortgagor promises and agrees as follows:
(a) Mortgagor will maintain the Property in good order and repair; (b) Mortgagor will comply with all laws respelling the ownership and/or use of the
Property; (c) Et the Property is part of a condominium or planned unit development, M+ortgagor will comply with ail by-laws, regulations and restrictions of
respect (d) Mortgagor will pay ana/ar perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgage;
{e) Mortgagor will pay or cause to be paid al! taxes and other charges assessed ar levied on the Property when due ana, upon Mortgagee's request, wiEl deliver
to the Mortgagee receipts showing the payment of such charges; (f) While a,ny part of khe debts secured by this Mortgage remain unpaid, Mortgagor promises
to obtain and ~~reep in force property insurance and, if required by federal law, fiooa insurance on the Property. The property insurance must cover loss of or
damage to the Property and must be in an amount sufficient to protect Mortgagees ,nterests; flood insurance must be of the type and in the amount required
oy federa, law. Mortgagor agrees ;o provide Mortgagee evidence of required insurance. All policies must name Mortgagee as a loss payee/secured party and
must provide far at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right and power to sign
tviorgagor's name cn any check car draft from an insurance compan and to ap I - h P
-P(~operty Mo~:gagor does riot we the right to, and agrees that Mortgagor will not, revoke the power of Mortgagee to make Mortgagor's endorsement.
Mortgagee may exercise the power for Mortgagee's benefit and not tar Mortgagor's benefit, except as otherwise provided by law; (g) If Mortgagor fails to keep
^~ force the ree~ired insurance and/ar fails io provide evidence of such insurance to Mortgagee, Mortgagee may notify Mortgagor that Mortgagor should
purchase the reo,u~red insurance at Mortgagors expense. If Mortgagor faits to purchase the insurance within the time stated in the notice and; or fails to
crov,de evide~.ce of such insurance to Mortgagee, Mortgagee may purchase msuronce to protect Mortgagee's interest, to the extent permitted by applicable
law, anc char€;e Mortgagor the cost of the premiums and any other amounts Mortgagee incurs in purchasing the insurance. THE INSURANCE MORTGAGEE
PURC!-iASES YJILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOR COULD PURCHASE
OTHERWISE. tv~ortgagee may receive reasonable compensation for the services which Mortgagee provides in obtaining any required insurance on Mortgagor's
behalf. in certain states, the repo red insurance may be obtained thrpugh a licensed insurance agency affiliated with Mortgagee. This agency will receive a fee
`or proviarng ine required rnsurance. In addition, an affiliate may be responsible for some or all of the underlying insurance risks and may receive
campe.nsation far assuming such risks. If Mortgagor fails to perform any other duty ar obligation required by these Covenants, Mortgagee may. at its sole
rp,ion, aovan;:e such sums as it deems necessary to protect the Property and/or its rights in the Property under this Mortgage. Mortgagor agrees to repay
Mortgagee any amounts advanced in accordance with this paragraph, with interest thereon, upon demand; (h) Any interest payable to Mortgagee after a
;udgment a entered ar an aCdiU~nal sums advanced shall be at the rake provided for ir, the Note; (i) Mortgagee may make reasonable entries upon and
r;spections of the Property after giving Mortgagor prior notice of any such inspection; ~) Mortgagor well hat sell, transfer ownership in, or enter into an
~nstaument sale contract fay the sate of all or any part of the Property; and (k) The promises, agreemens and rights in this Mortgage shall be binding upon
and benefit anyone to whom the Property or this Mortgage is transferred, It more than one N,ortgagor srgns this Mprtgage, each and alt of them are bound
-d,v:dually anc together. The coy-chants made m this section and Mortgagee's remedies set forth below shall not merge with any judgment entered in any
Aga action and s~~all apply until all amounts owed are paid in full.
Default. ?rho"gager well be n default under this Mortgage: (a) if there is a default under the Note; {b) if Mortgagor breaks any promise maae in this
Mortgage; ;c` ~' any Mortgagor dies; (d) if any other creditor tees to take the Propery by legal process; (e) if any Mortgagor files bankruptcy or rf anyone files
an invo:urtary bankruptcy aga~ns~ Mortgagor, (f) ii zny tax I~en or levy is flied or made against any Mortgagor or the Property; (g) if any Mortgagor has made
arty false statement in this Mortga;;e; or (h) if the Property is destroyed, or set?ell or condemned by federal, state or local government.
Mortgagee's Remedies, Unless prohioited by taw, if Mortgagor is in default under this Mortgage, Mortgagee may, at its option, after notice required ay
yaw if any, oe;aare due and payable the entire unpaid balance of the sums which are secured by this Mortgage and owing upon the Note. if Mortgagee so
ceciares suc~~ entire balance due and payable, Mortgagee may take possession of the Property, collect any and ail rents, apply said rents to the indebtedness
seccrec by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted or provided by taw to collect the balance owing. If a
mortgage foreclosure action ar ar.,~ other action on this Mortgage is filed by Mortgagee, and/or if Mortgagee takes any action to protect or enforce its interesr
^~ any Court, including Bankruptcy Court, Mortgagor agrees to pa II r uses and tests of such action, including, ii permitted by law,
~easonab'•e attorneys' fee, tc the moximum extent permuted by law ~~;
Remedies Cumulative. If cny circumstance exists which w EXHIBIT rate the balance, Mortgagee may take such Action at ~rTy '•'
time Qu-:ng whirr such sir^~mstance continues to exist. Mortgage shall be cumulative and 1701 attematrve. -;
Delay ir, Enforcement. Mt,ngagee can delay in enfo•cing a a age or the Note without krs+ng that ng~4. ~ ~twr try'r
'd~crgagee cf ary provision of this Mortgage or the Note wilt not be ~ provision on any other occxsiorr, ~.;y
Assigncient. hhortgagee ma: sell, transfer or assign this Moe; --- t -~;:;;
4
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC SANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
No. d3-3759 Civil Term
vs.
ERENE E. WIEGNER, ADMINISTRATOR
OF= THE ESTATI= OF ELSIE M. BROOKS,
Defendants.
NOTICE OF JUDGMENT
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you
o~, ~^ , 2003 in the amount of $30,432.49 plus continuing interest at
the contract rate together with costs, late charges, and attorneys fees.
Prothonotary
$ANH; FIN:207409-1
0000'11-113511
..._...~ft~:Harik,., Nati:aaa~, Associaticaa
Fs preceaed by "( 1" are not applicable unless marked "i X J" or the equivalent, ~,~
Date: May 9, 2001 WNTR
CT,NACS Number 8859011
ANNUM F;'dANGE ' Amours; financed i Total of Payments
PERCENTAGE GtiARGE The amount of credit TRe amount the Borrower wily have (
RATE The dollar amount the credit provided to the Borrower or ~ paid after Borrower has made all ,
The co5101 the Borrower's wit! cos; the Borrower. on the Borrower's behalf. payments as scheduled, I
credit as a yeany irate. I
7.494 °~ S 21669.30 $ 34100,50 $ 5176'x.80 j
The ~orrower's Payment Schedule wi'., be: a moans an estimate
t~lumber of Payments Ama,~nt of Payments when Payments Are Oue
~-
r = ~ „ ~.,
S -.~., ~, 1
Monthiv, beAinnina _ _
Se;,lGrity: Lender is geriing a security interest in deposits or
proptirty held by Lender, and:
I "'f None. [ 1 Goads or property being purchased.
~nl fieaf Estate. ( )
!n addition, collateral tother than Borrower's principal residence)
securing other obhgatians to Lender may also secure this Note.
Socurity interest Charges:
j Nnne. r ~ Filing Fees $
Variable Rates ~~ j NaT'Rppiicab!e.25 .50 _.. .- ., __
Late Charge; ( j No; Applicable. ( ) 13 a payment is not paid
in lull within 15 days at its due date, 8or~ower may be charged the
Brea#er of $20,00 or 5°~ of the total payment,
Prepayment If Borrower pays att early, Borrower will not have to
pay a pena{ty. _ . _ .. -- - --
Required Deposit 9alance: ( j Not Applicable. ] ] The
Annual Percentage Rate does trod take into account any required
deposit balance.
Assumption; If ttr~s loan is secured by a dwelling, someone
purchasing that aweHing cannot assume the remainder of the loan
on the original terms.
~~ This loin contains a variable rate feature. Disclosures about the variable rate iea#ure have been provided to you earlier.
[ }The Annual °ercenage Rate m:~y increase if the Prime Rale published in The Wall Street iournal increases. The rate w0i not increase
more often than once a month. The ate will not increase more than one percentage point m any one month and will not increase more
thin five percentage points during ine term of the loan. The rate will never increase beyond 18%. Any increase in the rate as a result of
an increase in the rndex may cause the number of payments to increase, and/ar
j 'i the amount of the final payment to change. The final payment wit! never be increased to more than 150°k of the regular
payment Fcr example, it your loin were for $IO,000.DO at an iniiiai rate of i31~2%, repayable in 48 monthly payments of $270.76, and
the rate increased to i4~~2°h after 12 payments, increaser; to 15?~2°k alter the next i2 payments, and then remained the same for the
term of the loan, you would be required to pay one additional payment of $254.88.
i )the amount of the payments to change. The amount o{ the payments may increase every four years. The fine! payment
wiL never be increaseQ to more than 150°h of the regular payment. Far example, i! your loan were for $i0;000.D0 at an iniba! rate of
through the 72nd payments. ~ ~~
[ j If Borrower's participation jr, the automatic payment plan is discontinued far any reason, the Automatic Payment Ptan Discount of
percentage points will terminate antl may cause the rate to increase. Any increase in the rate will cause the amount of
the payments to increase. For exarr;ple, if your loan were for $10,000,00 at 2n initial rate of 13t~2%, repayable in 48 monthly payments of
X270.16, and the Discount terminated after 12 payments, the payment amount would increase to $ tar the remainder
of the Perm of the Nate.
( j it Borrowers participation in the Club ar Package Plan is discontinued for any reason, the Club Discount of percentage
points wiN terminate and may cause the rate to increase. Any increase in the rate will cause the amount of the payments to increase. For
example, d your loan were for $10,000.00 a# an initial interest rate of 13•i/2%, repayable in 48 monthly payments a! $270.76, and the
Club Discount terminated after 12 payments, the payment amount would increase to $ for the remainder of the term
of the Note.
See your rcntract documents to any additional information about nanpaymeni, default, any required payment in full before the
scReduled date and prepayment refunds and penalties.
Itr;mlzaUOn of Amount Financed
Amount Financed i
$
S11 Amount grven xec y o orrower`
~ I
{2j Amount paidt~on `borrower s account
{J) Amount retained ny .enoe? For I
~ See Settle~ent Statene.~t
f4) Amount paid to others on Borrower's ,i
behalf.
(a} to public officials
$
{b)'or~ a eaent
$
tcl to
{tlj to
$
{e) to
$
{fj to
!g) to
e
{h) to
S
{i) to
3
Prepaid Finance Charge
sw ~ Ili i'tt
Borrower ai the time the loan rs made:
(1)
$
{2t ~ ~ .n a eAeA
$
{~)
CREDIT tNSUI~ANCE IS NOT REQUIREi): %redit Life insurance and Crean fisability insurance are hat requueo to obtain credit, and will not be pravidea unless Borrower{si sign below ono agree to
pay the odditlonal cost[sj. insurance may be purchased on the life of one or two Borrowers. Credit Disability Insurance may be purchased on only one Borrower. If obtained tr~rcugh Lende[ She cost
of the insurance far the original term of the credit is stated below. !ender may receive financial benefits from the Borrower's purchase o(Insurance. "Borrower" who is insured may not b? z Co•Maker.
I wain Silgfe Creds< site insurance which casts ~
Signature of Person to be insured for Single Cred?t Life Insurance T'
;want Single Credit DLsabiiity Insurance which costs 3
We want Soin1 Creai? Lfte tnsurance Wl?ICh CDStS
Signature of Person to be insured for Single Credit Lisability tnsurance
~~,, Signature of Person to insured for daint Credit life insurance
Bcrrowet odes not desire c; is not eii bie for credit insurance: -~~`-.~~",,
g ~~~Rat ru e o1 Barraw~ ~ EXNtBIT
No'rce to Borowehs;:'he maximum a~nounf o1 coverage which insured Borrowerjs} wit{ rocewe is set forth in the certificake or po#icy, as applicable.
DIRECT i NSTALIhf ENT LOA-y NOTE 7. CREDIT REPORTS. Borrower authorizes lender to
DFFIMIT!ONS: In ;his Nate, the wore "Borrower" means each antl all of '.hose who sign below to time at Lender's discretion white 8arrawer has
ana each ar,e all o' thase_who enr!nrs--the check which dr5hurses th,e "Hmoun! given directly to
R LATE CHARf,E' f t Not 4-~nfrcabiP i 3orrnwer ~i?:~~~ .na _.. .-
-- -_._... .. _ ~ 1.a1 -
ri~r[,. R<°...,>,~
600 W JOHN ST
r.o. Box 9oa6
HIC]{SVILLE NY 11801
Septe;m9aer 16, 03
IIIIIIIIlIBIIIIIIIIIIIillllllll11111111111111111i 9"903836-i-KU
BROOKS, ELSIE M
313 E LISBURN RD Ida
MECHANICSBURG PA 17055-5916
urlllrrillinulrlrrlrlulr9rlrlunrllrlununnuuur
~ NATIONAL
FINANCIAL
SYSTEMS, INC.
Phone: (S16) 932-1400 Fax: (516) 932-8828
AMOUNT DUE: $1,367.22
!11111 IIIII IIIII Ili!! IIIiI IflII lllil IIIII li(I NII 419 C 3 8 3 6 - I - KU
NATIONAL FINANCIAL SYSTEMS
600 W JOHN ST
P.O. BOX 9046
HICKSVLLLE NY 11801
~~JL~~IIl~J~ILrr~~~il~rJlll~r~rl~rlil~rrlLrrll~~~~l~~
PLEASE DETACH AND RETLI2N WITH PAYMENT
THIS SETTER REPRESENTS A *** 70$ SET'TLEMEN`T'-iN-FULL *** OFFr~R
v~1E ARE DFLIGfiTED TO BE ABLE TO OFFER YO?7 THIS TREMENDOUS SAVINGS ... BUT YOU MUST
:'AKE ADVANTAGE OF THIS SPECIAL SITUP.TION 3EFORE //.
Ni~S CAN ** SETT~,E YOUR ACCOUNT-IN-FULL** AT 70o OF THE TOTAL DUE IF rrvE RECEIVE
$0.00 BY //, SAVING YOU AN CNBELIEVABL~ SUM.
DON'T DELAY!'.
SAND YCUR SETTLEMENT PAYMENT OR CALL US NOW.
REA'EMBER THE DEADLINE DATE AND USE OUR TOLL FREE NUMBER.
NATIONAL FINANCIAL SYSTEMS, INC. 600 k~ JOHN ST, P.O.BOX 9046 / HICKSVILLE, NY 1T801-1040
CALL TOLL FREE 1 (800) 568-2733
MON THRU T?'UR 9:OOAM TO 9:OOPM/FRI B:OOAM TO 5:OOPM/SAT 8:OOAM TO NOCN EST
THIS IS A DEBT COLLECTION AGENCY
P~rEASE SEE OTF2ER SIDE FOR Ib1PORTANT INFORMATION
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
9x'16/03
FOR:
BROOKS, ELSIE M
3113 E LISBURN RD
M[ECHANICSBURG PA 17055
16
RE: YOUR ACCOUNT WITH OUR CLIENT
CHASE BANK
ACCT #:
PRINCIPAL:
CHARGES:
AMOUNT DUE:
5260317680013820
$1,367.22
$0.00
$1,367.22
s.z~B
1804 Washington Blvd
Mailstop 450
Dept 03
Baltimore, MD 21230
NCO Financial Systems, Inc.
OFFICE HOURS:
8AM-9PM MON THRU THURSDAY
8AM-SPM FRIDAY
SAM-i2PM SATURDAY
Jan. 27, 200
(800)677-0744
Fay: 0443} 263-3077
800-677-0744
ELSIE BROOKS
46 W ALLEN ST
f1ECHAPJICSBURG, PA 17Q55-6257
Creditor: DISCOVER CARD 2529
DEBTOR: ELSIE BROOKS
REFERENCE NO.: Q15050
ACCOUNT #: 6011002960328912
TQTAL BALANCE: $12372.13
Dear ELSIE BROOKS:
Please be advised that the creditor listed above has placed the above account with us to collect.
Unless you notify° this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof,
this office will assume this debt. is valid. If you notify this office in writing within 30 days from receiving this notice, this office will
obtain verification of the debt or obtain a copy of a,judgement and mail you a copy of such judgement or verification. if you request
this office in writing withitt 30 days after receiving this notice, this office will provide you with the name and address of the original
creditor, if different from the current creditor.
Sincerely,
JOSEPH GOVAN
NCO Financial Systems, Inc.
This is an attempt to collect a debt. Any information obtained will be used for that purpose, This is a communication from a debt
collector.
PLEASE RETURN! THIS PORTION WITH YOUR PAYMENT (MAKE SURE ADDRESS SHOWS THROUGH WINDOW)
Account # Total Balance
Q 15050 $12372.13
ELSIE BROOKS
Payment Amount l
Check hero If your address or phone number has
changed and provide the new intormatlon below.
Make Payment To:
I„.III,I~~~~~Illl~~~~~~ll~~~ll~l~f~~ll~~l„~i~ll~~l~„I~II,~I
NCO FI1~,TANCIAL SYSTEMS
PO BOX 41567
PHILADELPHIA, PA 19101
L 389
D1D3I]OQI5DSD7DODDDO],4DOD000D0012372132
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LAST WILL AND TESTAMENT
OF
ELSIE 1VI. BROODS
I, ELSIE M. BROODS, of 313 East Lisburn Road,
Mechanicsburg, (Upper Allen Township), Cumberland County,
Pennsylvania, make, publish and declare this as and for my Last Will and
Testament, hereby revolting all other Wills and Codicils heretofore made
by me.
FIRST: I direct that all i nheritance, estate, transfer, succession
and death taxes, as well as my just debts and funeral expenses, of any kind
~,vhatsoever, which may be payable by reason of my death, shall be paid
out of the principal of my estate as the same can conveniently be done.
SECOND: I give, devise and bequeath all the rest, residue
,and remainder of my estate of whatever nature and wherever situate,
including any property over which I [sold power of appointment, together
,~ with any insurance policies thereon, unto my grandson, ROBERT D.
..~
WIEGNER, of Mechanicsburg, Pennsylvania, per stirpes.
THIRD: In addition to all powers granted to them by law and
by other provisions of this Will, I give the fiduciaries acting hereunder the
following powers, applicable to all property, exercisable without couirt
--~i~ approval and effective until actual distribution of all property:
(A) To sell at public or private sale, or to lease, for any period
o~f time, any real or personal property and to give options for sales,
exchanges or leases, for such prices and upon such terms (including credit,
with or without security) or conditions as are deemed proper. This
includes the power to give legally sufficient instruments for transfer of the
property and to receive the proceeds of any disposition.
(B) To partition, subdivide, or improve real estate and to
enter into agreements concerning the partition, subdivision, improvement,
zoning or management of real estate and to impose or extinguish restric-
tions oz1 real estate.
(C) To compromise any claim or controversy and to abandon
any property which is of little or no value.
(D) To invest in all forms of property, including stocks,
common trust funds and mortgage investment funds, without restriction to
investments authorized for Pennsylvania fiduciaries, as are deemed
proper, without regard to any principle of diversification, risk or pro-
ductivity.
~~~ (E) To exercise any option, right or privilege granted in
~~ insurance policies or in other investments.
,~ ~,z
'~~~ (F) To exercise any election or privilege given by the Federal
~ and other tax laws, including, but not necessarily being limited to, per-
-s:,.
l~
sonal income, gift and estate or inheritance tax laws.
~.a
--~ (G) To make distributions to my herein named beneficiaries
_; ,
in cash or in kind or artl 1n each.
`~ P Y
2
(H) To borrow money from themselves or others in order to
pay debts, taxes, or estate or trust administration expenses, to protect or
improve any property held under my will, and for investment purposes.
(I) To select a mode of payment under any qualified retire-
Ynent plan (pension plan, profit sharing plan, employee stock ownership
plan, or any other type of qualified plan) to the extent the plan or the law.
FOURTH: I acknowledge that I am the mother of
:DAVID E. BROOIGS and IRENE E. WIEGNER and that no bequest,
devise or gift is made to them, by this, my Last Will and Testament.
FIFTH: I nominate and appoint my grandson, ROBERT D.
WIEGNER, as Executor, of the this, my Last Will and Testament. In the
event of the death, resignation or inability to serve for any reason whatso-
ever of ROBERT D. WIEGNER, I nominate and appoint my daughter,
IRENE E. WIEGNER, as Executrix, of this, my Last Will and Testament.
I direct that my Executor or Executrix, as the case may be, and their
successors shall not be required to post security or a bond for the
performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
J
seal to this, my Last Will and Testament, this
2000.
~~,~
ELSIE M. BRO(
~'? _ day of September,
1~
j ~ ~ ,
%''r`~^';~~~~_ (SEAL)
)KS
3
Signed, sealed, published and declared. by the above-named
Testatrix as and for her Last Will and Testament in our presence, who, at
her xequest, in her presence and in the presence of each other, Have
hereunto subscribed our names as attesting witnesses.
.Address Name
`~D7 )YInA~~ ~1'f7t~hlCS~c1rG Ya 1705s ~.i,a T 1/r~lLlt,t.1~~
Address Nan1e
4
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
~,. ,.- rNOTICE OF INHERITANCE TAX I,4,
BUREAU OF INDIVIDUAL TAXES _ 4,APP~RAI§EMENT, ALLOWANCE OR DISALLOWANCE , i
INHERITANCE TAX DIVISION ~ _ - Qfl DEDUCTIONS AND ASSESSMENT OF TAX '
PO BOX 280601 ~-~' ,~,.,.
HARRISBURG PA 17128-0601 REY-1547 EX AFP (01-09)
2~CJ9 ~ 31 P~ 12~ E
„P `~1 PA
ANDREW C SHEELY rE{51Q"~'
127 S MARKET ST
PO BOX 95
MECHANICSBURG PA 17055
DATE 03-30-2009
ESTATE OF BROOKS ELSIE M
DATE OF DEATH 01'02-2003
FILE NUMBER 21 03-0331
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 05-29-2009
(See reverse side under Objections)
Amount Reaftted
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ _ _
-------------------------------------------------------------- --------------
REY-1547 EX AFP CO1-09) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF BROOKS ELSIE M FILE N0. 21 03-0331 ACN 101 DATE 03-30-2009
TAX RETURN WAS: C X) ACCEPTED AS FILED C ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) Ci) 32,260.00 NOTE: To insure proper
2. Stocks and Bonds (Schedule B) (2) ,00 credit to your account,
00 submit the upper portion
3. Closely Held Stock/Partnership Interest (Schedule C) C3) • of this form with your
4. Mortgages/Notes Receivable (Schedule D) C4) .00 tax payment.
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5) 25 0.00
6. Jointly Owned Property (Schedule F) (6) 100.00
7. Transfers (Schedule G) C7) •00
8. Total Assets (g) 32, 610.00
APPROVED DEDUCTIONS AND EXEMPTIONS:
7,503.36
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) C93
10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) 48.45 2.06
ii. Total Deductions C11) ~i~i•9~ir,-4
12. Net Value of Tax Return C12] 23,345.42-
13. Charitable/Governmental Bequests; Non-elected 9113 Tru sts (Schedule J) C13) .00
14. Net Value of Estate Subject to Tax C14) 23,345.42-
NOTE: If an assesswent was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15) •00 X 00 = .00
16. Amount of Line 14 taxable at Lineal/Class A rate C16) •00 X 045 . .00
17. Amount of Line 14 at Sibling rate (17) • 00 X 12 = . 00
18. Amount of Line 14 taxable at Collateral/Class B rate (18) •00 X 15 = .00
19. Principal Tax Due C14)= .00
TAY r'D CTTTQ.
PAYM N
DATE RECEIPT
NUMBER D SCO N +
INTEREST/PEN PAID C-) AMOUNT PAID
TOTAL TAX CREDIT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTER DATE INDICATED. SEE REVERSE C IF TOTAL DUE IS LESS THAN 61, NO PAYMENT LS REQUIRED.
FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DU
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)