HomeMy WebLinkAbout03-0452PETITION FOR GRANT OF LETTERS OF ADMINISTRATION
Estate of Donn~ J. Hiller No.
also known as DJ l~[i_ller To:
Social Security No. 197-40-8584
Register of Wills for the
Deceased. County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, applies
for letters of administration
on the estate of
(d.b.n.; pendente lite; durante absentia; durante minoritate)
the above decedent.
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
h er last family or principal residence at 152 Petersburg Road,. ,qonrh M-i~ltll o~-nn wo*-mship
(list street, number and municipality)
Decendent, then 53 years of age, died
at Harrisburg Hospital, Harrisburg
May
Decendent at death owned property with estimated values as folllows:
(If domiciled in 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:
$ 50,000.00
$
$
$
Petitioner s after a proper search have
the following spouse (if any) and heirs:
Name
David S. Miller II
son
Charles J. Ilaria III son
Shawn R. Hanson
Relationship
ascertained that decedent left no will and was survived by
Residence
daughter
17019
322 Whiskey Springs Road, Dillsburg PA
9 Flintstone Drive. Ne~ville, PA 17241
2356 Feather 1Liver Road. Chl~ia ~]y~
THEREFORE, petitioner(s) respectfully request(s) the grant of letters of administration in the
appropriate form to the undersigned.
322Whiskey Springs Road
Dillsburg, PA 17019
717-241-2267
Newville, PA 17241
717-776-7426
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY OF ct~~
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 knowledge and belief of petitioner(s) and that as personal
representative(s) of the above decedent petitioner(s) will well and
truly administer the estate according to law. ~ jify/ J..~ ~/_~
Sworn to or affirmed and subscribed r' ~'~"' -~ .... '~ :~ ~ ~ ''~ ~
before me this ',X~.~Z)... day of ~ '---lTKvid S. l~ller I~. o
~. June lr 2003 _J ./'7! / //~/~7 - -- ~
, Deceased
GRANT OF LETTERS OF ADMINISTRATION
AND NOW June - ,~:~._, in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that David S. 14Aller II and Charles J. 11aria III
is/are entitled to Letters of Administration, and in accord with such finding, Letters of Administration
are hereby granted to David $. Killer II and Charles J. Ilaria III
in the estate of Donna J. 14_iller a/k/a DJ lqiller
FEES
Letters of Administration ..... $.80. O0
Short Certificates(2 ) .......... $. 6.00
Renunciation ................ $ 5.00
JCP $10.00
TOTAL ~ $101.00
Filed ..................... A.D. ~2.0_02~
Roger B. X~n. Esq. (06282]
A~O~Y (Sup. Ct. I.D. No.)
60 ~est P~ret St., Carlisle~ PA 17013
ADD,SS
717-249-2353
PHONE
RENUNCIATION
In regard to the Estate of
To the Register o£Wills of
DONNA J. MILLER
,deceased.
Cumberland
County, Pennsylvania.
The undersigned daughter of the above decedent hereby renounce(s) the right
to administer the estate and respectfully ask(s) that Letters of Administration be issued to
David S. Miller II and Charles J. Ilaria III
WITNESS my hand(s) this
_ . .... Si~NATURE[/ ~] '
Shawn R. Hanson
2356 Feather River Road; Chula Vista, CA 91915
ADDRESS
SIGNATURE
ADDRESS
SIGNATURE
ADDRESS
105.805 ILEV 9/86
This is to ceftin, that the information here given is correctly copied from an original certificate of death duly f~led with me as
Local Registrar. The original certificate will be. forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
P 9283520
No.
HAY 1 7 2003
Date
COMMONWEALTH OF PENNSYLVANIA * DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
~"~" Harrrsburg garrrsburg Hosprta~
Dauphin ' ,
752 Petersburg Rd. ~,u~,~ ,,.~.. P~nnsq~vania ~ ,,,.~.~ South Mldd~e~o~
~artls~e, PA 17013
,~.~ Cumberland
,, H~rs~it ~rtz ,, Evetyn Glass
' .. Dr~sburg, PA 17019
~t~~'~'m"~''~" D :,~ 5/ll,~, '~55%7/2003 i,,~Hottinqer., ..... Crematorg~ ~ [,~t.. Hottg Springs, Pa 17065
. ~ng~. H. ~Cr~matoryMt. HoZ~g SprZngs, PA
.....................................................................
~ .
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
Date of Death:
Estate No.:
DONNA J. MILLER
MAY 14, 2003
21-03-0452
To the Register:
I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's
Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate
on July 8, 2003 .
Name Address
Shawn R. Hanson
David S. Miller II
Charles J. Ilaria III
2356 Feather River Road, Chula Vista, CA 91915
322 Whiskey Springs Road, Dillsburg, PA 17019
9 Flintstone Drive, Newville, PA 17241
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except none .
Date: 07/08/03
Signature
IRWIN, Mc~ HUGHES
Name Roger B. Irwin~ Esquire
Address 60 West Pomfret Street
Carlisle~ PA 17013
Capacity:
Telephone (717) 249-2353
X
Personal Representative
Counsel for Personal Representative
REV-15 E×+/6-00t REV-- 1500
COMMONWEALTHO. PENNS LVAN,A INHERITANCE TAX RETURI
DEPARTMENT OF REVENUE
OEPT. 28o6o1 RESIDENT DECEDENT
HARRISBURG, PA 17128-0601
D I' DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
E Miller Donna J.
C DATE OF DEATH (MM-DO-YEAR) I DATE OF BIRTH (MM-OD-YEAR)
.. 05/14/2003 07/30/1949
(IF APPLICABLE) SURVIV NG SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
OFFICIAL USE ONLY
FILE NUMBER
21-03-0452
COUNTYCODE YEAR NUMBER
SOCIAL SECURITY NUMBER
197-40-8584
THIS RETURN MUST BE FILED IN DUPLICATE Vt/ITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
E
D
E
N
T
I~1' OriginalReturn ~ 24i SupplementalReturn U
C A P a 4. Limited Estate Future Interest Compromise (date of death after 12-12-82:)
wpRL '
i~ P I O 6. Decedent Died Testate Decedent Maintained a Living Trust
cRAC
K O T _K (Attach copy of Will) (Attach copy of Trust)
Iff, ~ 9. Litigation Proceeds Received ~] 10. Spousal Poverty Credit ~
(date of death between 12-31-91 and 1-1-95)
C g NAME
O Roger B. Irwin Esq.
R DN FIRM NAM E (If Applicable)
R
E NE IRWIN '& McKNIGHT
S T TELEPHONE NUMBER
717./249- 2353
1. Rea Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or (3)
Sole -Proprietorship
4. Mortgages & Notes Receivable (Schedule D) (4)
R 5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
E
C (Schedule E)
A 6. Jointly Owned Property (Schedule F) (6)
P
I [] Separate Biffing Requested
T
U 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
L (Schedule G or L)
A
T 8. Total Gross Assets (total Lines 1-7)
I
O 9. Funeral Expenses & Administrative Costs (Schedule H) (9)
N 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11 )
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
C
O SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
M
uP 15. Amount of Line 14 taxable at the spousal tax
AT rate, or transfers under Sec. 9116(aX1.2) x .0 0
T 16. Amount of Line 14 taxable at lineal rate 58,464.48 X .0 45
I 17. Amount of Line 14 taxable at sibling rate
O X .12
N 18. Amount of Line 14 taxable at collateral rate X .15
19. Tax Due
(date of death
3. Remainder Return prior to 12-13-82)
5. Federal Estate Tax Return Required
8. Total Number of Safe Deposit Boxes
11. Election to tax under Sec. 9113(A)
(Attach Sch O)
COMPLETE MAILING ADDRESS
60 West Pomfret Street
West Pomfret Professional Bldg.
Carlisle, PA 17013
OFFICIAL USE ONLY
(8) 65,783.08
(11) 7,318.60
(12) 58,464.48
(13)
(14) 58,464.48
(15) 0.00
(16) 2,630.90
(17) O. O0
(18) 0.00
None
None
None
59,305.83
6,477.25
None
None
4,414.11
2,904.49
(19) 2,630.90
Copyright lc)Z000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
752 Petersburg Road
CITY
Carlisle
STATE
?A
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
Total Credits ( A + B + C ) (2)
ZIP
17013
2,630.90
3. Interest/Penalty if applicable D. Interest
E. Penalty
Total Interest/Penalty ( D + E ) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT,
Check box on Page 1 Line 20 to request a refund (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (5A)
B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (SB)
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 shall use the property transferred or its income; ...........
c. retain a reversionary interest; or ....................................
d. rece ye the prom se for fe of ether payments, benefits or care? ...................
2. 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 "in trust for" or payable upon death bank account or security at his
or her death? .............................................. [~ ~
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property
which contains a beneficiary designation? ................................ ~ ~
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN,
0.00
0.00
0~00
2,630.90
0.00
2,630.90
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true,
correct__ ~ ~'~__~and complete. Declarati~on of prepare~?~h,~han the personal representative is based on all information of which preparer has any knowledge.
SlG~RE~~~~I~TORN David S. Miller II /Charles J. Ilaria II~ArE
/~ ~/~/~ ~ 322 ~iske~ Sprin~s Rd/9 Flintstone Drive /
~ .... ~ ............................. : ................ Z
{ ~~~~~ Dlllsbur~, PA 17019 /Neville, PA 17241
~NATUREOFPR~RE~OT~ERTHA~ESENTATIVE IRWIN & Mc~IG~
.... ~-~ ~ ~ /2 60 West Pomfret Street / /
For dates of deat~;r aEer J~ly 1; 1'994 and before Janua~ 1, 1995, the tax rate imposed on the net value of transfers to or for the useof the
surviving spouse is 3% [72 P.S. 9116 (a) (1.1) (i)].
For dates of death on or after Janua~ 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. 9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statum~ requirements for disclosure of assets
and filing a tax return are still applicable even if the surviving spouse is the only beneficial.
For dates of death on or a~er July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twen~'-one years of age or younger at death to or for the use of a natural
parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. 9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 9116(1.2)
[72 P.S. 9116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 9116(a)(1.3)]. A sibling is defined, under
Section 9102, as an individual who has at least one parent in com~n with the decedent, whether by blood or adoption.
Copyright (c) ~0~ form software only The Lackner Group. Inc. Form REV-1500 EX (Rev. 6-00)
REV- 1507 EX + (1-97)
SCHEDULE D
MORTGAGES & NOTES
RECEIVABLE
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Donna J. Miller SS~ 197-40-8584 05/14/2003 21-03-0452
All property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Cumb. Co. 59,305.83
Mark D. Isenberg, Mortgagor recorded 05/10/2002
Recorder of Deeds Mort. Book 1758 Page 1941
TOTAL (Also enter on line 4, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
$ 59,305.83
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1507 EX (Rev. 1-97)
REV- 1508 EX + (1-97)
COMMONWEALTH OFPENNSYLVANIA
INHERITANCETAXRETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
FILE NUMBER
Donna J. Miller SS# 197~40-8584 05/14/2003 21-03-0452
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on Schedule F.
ITEM
VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 refund
US Treasury,
M&T Bank,
M&T Bank,
Copyright (c) 1996 form software on y CPSystems. Inc.
checking account
statement savings
528.00
806.46
5,142.79
TOTAL (Also enter on line 5, Recapitulation) $ 6,477.25
(If more space is needed, insert additional sheets of the same size)
Form REV-1508 EX (Rev. 1-97)
REV-1511 EX +/1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Donna J. Miller SS~/ 197-40-8584
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
05/14/2003
FILE NUMBER
21-03-0452
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
2
3
DESCRIPTION
FUNERAL EXPENSES:
Hollinger Funeral Home
ADMINISTRATIVE COSTS:
Personal Representative's Commissions WAIVED
Name of Personal Representative(s)
Social Security Number(s) / EIN Number of Personal Representative(s)
Street Address
City State
Zip
Year(s) Commission Paid:
Attorney's Fees IRWIN & McKNIGHT
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
Relationship of Claimant to Decedent
Probate Fees
Accountant's Fees
Register of Wills
Tax Return Preparer's Fees
State Zip
OtherAdministrativeCosts
Cumberland Law Journal estate notice ~,,~l~,
Register of Wills - filing fee
The Sentinel - Legal - estate notice publication
AMOUNT
911.00
3,200.00
101.00
75.00
25.00
102.11
TOTAL (Also enter on line 9, Recapitulation)
4,414.11
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1511 EX (Rev. 1-97)
REV-151~ EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Donna J. Miller
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, AND LIENS
SS# 197-40-8584 05/14/2003
FILE NUMBER
21-03-0452
Include unreimbursed medical expenses.
ITEM
NUMBER DESCRIPTION AMOUNT
1
2
3
4
5
6
7
8
Associated Cardiologists
Carlisle Regional Medical Center
Central Penn Medical Group
Heritage Cardiology
Lancaster HFkA Physicians Management
Pathology Associates
RPC Associates
Vascular Associates
TOTAL (Also enter on line 10, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
39.00
2,109.49
248.00
19.00
127.00
127.00
170.00
65.00
2,904.49
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev. 1-97)
REV~1513 EX + (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Donna J. Miller SS# 197-40-8584
SCHEDULE J
BENEFICIARIES
05/14/2003
FILENUMBER
21-03-0452
NUMBER
I.
2
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outright spousal distributions, and
transfers under Sec. 9116~)(1.2)]
Shawn R. Hanson
2356 Feather River Road
Chula Vista, CA 91915
Charles J. Ilaria III
9 Flintstone Drive
Newville, PA 17241
David S. Miller II
322 Whiskey Springs Road
Dillsburg, PA 17019
RELATIONSHIP TO DECEDENT
Do Not List Trustee(s)
Daughter
Son
S on
AMOUNT OR SHARE
OF ESTATE
1/3 remainder
1/3 remainder
1/3 remainder
ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET
NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET
(If more space is needed, insert additional sheets of the same size)
$ 0.00
Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV- 1513 EX (Rev. 9-00)
FiLE I OP¥
SATISFACTION PIECE
MADE THIS ~ day of July, 2003.
NAME OF MORTGAGOR: Mark D. Isenberg
NAME OF MORTGAGEES: Donna J. Miller
DATE OF MORTGAGE: May 9, 2002
ORIGINAL MORTGAGE DEBT: $60,000.00
MORTGAGE RECORDED ON t~'~I B , 2002 IN THE OFFICE OF THE
RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN
MORTGAGE BOOK tT~, PAGE l~ct{ .
NAME OF LAST ASSIGNEE/S: N/A
BRIEF DESCRIPTION OR STATEMENT OF LOCATION OF MORTGAGED
PREMISES:
Tract of land known and numbered as 752 Petersburg Road, Carlisle, Pennsylvania 17013, and
situate in SOuth Middleton Township, Cumberland County. Being more particularly described
in the Deed of Mark D. Isenberg, dated 'May 9, 2002, and recorded in Cumberland County Deed
Book ~ ~'~ , Pagej3~7
7.
The undersigned hereby certify that the debt secured by the above-mentioned Mortgage has been
fully paid or otherwise discharged and that upon the recording hereof said Mortgage shall be and
is hereby fully and forever satisfied and discharged.
IN WITNESS WHEREOF the undersigned executed this Satisfaction Piece on the day above
noted.
WITNESS:
..... ' ,, 1,/ /? ..
,, - .(' / ,:: /
".,.,!,.' ''; ~.," . /' %. / ,'~ 7 /
,,,, !
ESTATE OF DONLNA J. MILLER
~3Y)~~S. M iL~L~R i~,~/&SEAL)
Co-Administrator
CHARLES J. ILA/16,~IIi, - ~
/
Co-Administrator
COMMONYVEALTH OF PENNSYLVANIA :
: ss
COUNTY OF CUMBERLAND :
On this, the day of July, 2003, before me, the undersigned officer, personally
appeared, DAVID S. MILLER II and CHARLES J. ILARIA III, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same as Co-Administrators of the Estate of Donna J. Miller
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and offi~al seal. /~
]/~q~li~ L. Dmw~u~, N~ ~ic
ORIGINAL MORTGAGE MUST BE PRODUCED TO RECORDER OF DEEDS
WITH THIS FORUM OR A CERTIFIED COPY.
INDENTURE OF MORTGAGE
THIS INDENTURE made the
day of ,2002,
between Mark D. Isenberg of 216 Hill Str;eet, Mt. Holly Springs, Pennsylvania,
hereinafter called ("Mortgagor") and Donna J. Miller of 752 Petersburg Road, Carlisle,
Pennsylvania, hereinafter called ("Mortgagee").
WHEREAS, Mortgagor, in and by a certain obligation or writing obligatory,
under their hands and seals, duly executed and bearing even date herewith, stands
bound unto Mortgagee in the sum of Sixty Thousand and 00/100 Dollars conditioned for
the payment of the just and full sum of Sixty Thousand and 00/100 Dollars, together
with the premiums of insurance, taxes, ground rents, water rents, municipal
assessments and charges from time to time assessed against or upon the hereinafter
described mortgaged premises, without any fraud or further delay, as in and by the said
recited obligation and the condition thereof relation to the same being had, may more
fully and at large appear, and in case of default in payment, as aforesaid, shall also pay
all cost, fees and expenses of collecting the same including an attorney's commission
of five (5%) percent.
NOW, THIS INDENTURE WITNESSETH, that Mortgagor, as well for and
in consideration of the aforesaid debt or sum of Sixty Thousand and 00/100 Dollars,
and for the better securing the payment thereof unto Mortgagee, their heirs, executors,
administrators and assigns, in discharge of the said obligation above recited, as for and
in consideration of the further sum of one dollar in specie, well and truly paid to
Mortgagor, by Mortgagee, at and before the ensealing and delivery hereof, the receipt
of which one dollar is hereby acknowledged, has granted, bargained, sold, released
and confirmed, and by these presents does grant, bargain, sell, release and confirm
unto Mortgagee, their heirs, executors, administrators and assigns all that certain piece
of land situate in South Middleton Township, Cumberland County, and further described
as:
See attached legal description.
TOGETHER with all and singular the buildings, improvements, woods,
ways, rights, liberties, privileges, hereditaments, and appurtenances to the same
belonging, or in any wise appertaining, and the reversion and reversions, remainder
and remainders, rents, issues and profits thereof. To have and to hold the said
hereditaments and premises above granted, or intended so to be, with the
appurtenances, unto Mortgagee, their heirs, executors, administrators and assigns,
forever.
,, 1
AND is further agreed and understood, that in case default be made at
any time in the payment of the principal debt or any installment of principal debt or
interest, or any part thereof, or of any taxes, municipal assessments, charges or
premiums of insurance aforesaid, for thirty (30) days after the same falls due as
aforesaid, the whole of the said debt and interest and additions thereto as aforesaid
shall, at the option of Mortgagee, their heirs, executors, administrators or assigns,
become due and payable forthwith; and hereupon an action or mortgage foreclosure as
now provided by Pennsylvania Procedural Rules 1141 to 1148, both inclusive, or other
appropriate proceedings, now or hereafter prescribed by law, may forthwith be
commenced and prosecuted to judgment, execution and sale, for the collection of the
whole amount of the said debt and interest remaining unpaid, together with all
premiums of insurance, and all taxes, municipal assessments and charges, and all
fees, costs and expenses of such proceedings, i.ncluding attorney's commission of five
percent of the principal sum. And all errors in said proceedings, together with all stay of
or exemption from execution, or extension of time of payment which may be given by
any Act or Acts of Assembly now in force, or which may be enacted hereafter, are
hereby forever waived and released.
PROVIDED, HOWEVER, NEVERTHELESS, that if Mortgagor, their heir,
executors, administrators or assigns, does and shall well and truly pay, or causes to be
paid unto Mortgagee, their heirs, executors, administrators or assigns, the aforesaid
debt or sum of Sixty Thousand and 00/100 Dollars on the day hereinbefore mentioned
and appointed for the payment thereof, together with lawful interest for the same, and
premiums of insurance aforesaid, taxes, municipal assessments and charges, in like'
money, in the way and manner hereinbefore specified therefor, without any fraud or
further delay and without any deduction, defalcation or abatement to be made, for or in
respect of any taxes, charges or assessments whatsoever, that then, and from
thenceforth, as well this present Indenture, and the estate hereby granted, as the said
obligation above recited, shall cease, determine and become absolutely null and void to
all intents and purposes, anything hereinbefore contained to the contrary thereof in any
wise notwithstanding.
MORTGAGOR agrees not to transfer title, legal or equitable, unless
Mortgagee consents ~-' · '+~,
,,, vvn,,,,g to such transfer. This provision is for preventing
Agreements of Sale for purposes other than passing legal title within 180 days of
signing said Agreement of Sale.
It is further agreed that Mortgagee shall subordinate the lien of this
mortgage to the lien of a construction mortgage to enable Mortgagor to construct a
house, on any or all of the land covered by the Mortgage. All costs of such
subordination, including its recordation, shall be paid by Mortgagor.
2
IN WITNESS WHEREOF, Mortgagor has hereunto set his hand and seal,
the day and year first above written.
Si~_r~d, Sealed and De '/~d
~..~ the Pr~~/~ X~/~ ~C~.~~...._...~
Mark D. Is~nberg
I do hereby certify that the precise residence and complete post office
address of the within Mortgagee is ¢'o z_/,,,;~ ,-). g-~.,,..~.~z% r,--?¢ /,,w~,~ o.,. '~,,z,-,-~
Attorney f~_~rtgagee
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this, the ('.~L32_ day of FV~¢L',,/ ,2002, before me, the
undersigned officer, personally appeared Mark D. Isenberg, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
Exhibit "A"
ALL that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Subdivision Plan for
Ray J. Hoover Estate prepared by Larry V. Neidlinger, R.P.L.S. as revised December
18, 1991, a copy of which is recorded in the Recorder's Office in Plan Book 64, Page
16, as follows:
BEGINNING at a point in the original centerline of 33 feet wide Township Road T-518
known as Petersburg Road at corner of land now or formerly of George B. Snook and
at corner of land now or formerly of Arthur W. Martin; thence from said point at the
place of beginning along line of said land now or formerly of Arthur W. Martin, North 76
degrees 00 minutes West a distance of 542.63 feet to an iron pin set in line of land now
or formerly of Creedon W. Beltzhoover; thence along line of said land now or formerly
of Creedon W. Beltzhoover, North 12 degrees 43 minutes 01 second East a distance of
576.80 feet to an existing post at corner of land now or formerly of Paul D. Pensinger;
thence along line of said land now or formerly of Paul D. Pensinger, South 76 degrees
12 minutes 14 seconds East a distance of 545.67 feet to a point in the original
centerline of 33 feet wide Township Road T-518 known as Petersburg Road; thence
along said original centerline of 33 feet wide Petersburg Road South 13 degrees 01
.minute 21 seconds West a distance of 578.68 feet to a point at the place of beginning.
So much of the above described tract of land which lies within 25 feet of the original
centerline of 33 feet wide Township Road T-518 known as Petersburg Road has been
dedicated as a portion of the right of way of said road.
The above described tract of land contains 6.8839 acres exclusive of the dedicated
right of way of Petersburg Road and is all of Lot No. 1 as shown on said Final
Subdivision Plan for Ray J. Hoover Estate.
The above described tract of land has thereon erected a two stow log and frame
dwelling house with mailing address of 752 Petersburg Road, Carlisle, Pennsylvania.
BEING the same premises which Donna Jean Miller, by Deed dated and recorded even
date herewith, granted and conveyed unto Mark D. Isenberg, Mortgagor herein.
4
June 23, 2003
Irwin, McKnight & Hughes
Attn: Roger B. Irwin, Esq.
West Pomfret Professional Bldg.
60 W. Pomfret St.
Carlisle, PA 17013
Dear Mr. Irwin:
Re: Estate of Donna J. Miller
Social Securi~_ No.: 197-40-8584
Date of Death: May 14, 2003
Phone (302) 934-2916
Fax (302) 934-2955
.... 2003
In response to your request, please be advised that at the time of death, the above-named decedent had on
deposit with this bank the following accounts.
1. Type of Account
Account Number
Ownership (Names oJ)
Opening Date
Balance As of Date of Death
Interest (This is not an interest bearing
account)
Total
Type of Account
Account Number
Ownership (Names oJ)
Opening Date
Int. earned Jan. ], 2003-May 14, 2003
Balance As of Date of Death
Interest
Total
Checking
1315986.
Donna ~ Miller
02/09/98
$806.46
$ 0.00
$80646
Statement Savings
15004198191501
Donna ./Miller
04/25/02
$ 7.85
$5,141.82
$ 0.97
..............................
This letter does not include any accounts inwt 'uch the' ,eceased' may h, ve been listed as Power of Attorney. Custodian of UniJbr~n
Transfers. Representative Payee. or Trustee under a Written Agreement.
Sincerely,
Natasha Waters
(302) 934-2916
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
David S. Miller, II and Charles J. Ilaria, III
being duly sworn according to law, deposes and says that they. are the Co-Administrators
of the Estate of Donna J. Miller
late of So_~th ~dd_!_e_tp~n__T~wnship ., Cumberland County, Pa., deceased and that the
within is an inventory made by David S. M~]ler, II and Charles J. Tl~ria, III , the said Co-Administrators
of the entire estate of sa~d decedent, consist~ncj of all the personal property and real estate, except real estate outside
the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value
as of the date of decedent's death.
Sowrn and subscribed before me,
I Jacquetine L Drawbaugh, Notanj Public
Date of Death Mernber, Pennsyf~3~iaAssocialionOfNotaries
'~avid S. Miller, II, Co-Administrator
322 Whiskey Springs Road
Dillsburg, PA 17019
~a~es-J./~l~r~, II~o-Administrator
9 Flintste~e Drive .
Newville, PA 17241
05 2003
Day Month Year
INSTRUCTIONS
I. An inventory must be filed wifhln three months after appo;ntment of personal representaflve..i
2. A supplement inventory must be filed within fh~rfy days of discovery of additional assets.
3. Additional sheets may be attached as to personalty or realty
4. See Article IV, Fiduciaries Act of 1949.
O
>
Z 0 ~ ~
0
m
-0
'~
Inventory of the real and personal estate of
DONNA J. MILLER
deceased
1. Mark D. Isenberg, Mortgagor - Recorded 05/10/2002 - Cumberland County
Recorder of Deeds Mortgage Book 1758, Page 1941 ...............
2. US Treasury - Refund ............................
3. M&T Bank - Checking Account .........................
4. M&T Bank - Statement Savings ........................
TOTAL ................
59,305 83
528 00
806 46
5,142 79
65,783 08
BUREAU OF INDTVIDUAL TAXES
TNHERTTANCE TAX DTVISTDN
DEPT. Z80601
HARRISBURG, PA 17128-0601
COHMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLO#ANCE OR DISALLONANCE
OF DEDUCT/ONS AND ASSESSMENT OF TAX
RE¥-10~7 EX AFP (01-03)
ROGER B IRWIN ESQ
IRWIN & MCKNIGHT
60 W POMFRET ST <J
CARLISLE PA 17015
DATE O$-15-ZOOq
ESTATE OF MILLER
DATE OF DEATH 05-1q-ZOOS
FILE NUMBER 21 O$-Oq5Z
COUNTY CUMBERLAND
ACH 101
I Amount Ramitted
DONNA J
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 1701:5
CUT ALONG THIS L]:NE ~ RETA/N LOWER PORTION FOR YOUR RECORDS -~1
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENTs ALLOWANCE OR D:ISALLOWANCE OF DEDUCT:IONS AND ASSESSMENT OF TAX
ESTATE OF MILLER DONNA J FILE NO. Z1 03-ORSZ ACN 101 DATE 03-15-Z00~
TAX RETURN NAS: (X) ACCEPTED AS F/LED ( ) CHANGED
RESERVAT:ION CONCERN:ING FUTURE :iNTEREST - SEE REVERSE
APPRA:ISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) {1)
2. Stocks and Bonds (Schedule B) (2)
$. Closely Held Stock/Partnership Interest (Schedule C) ($)
~. Hortgeges/Notes Receivable (Schedule D) (~)
S. Cash/Bank Deposits/N/sc. Personal Property (Schedule E) (S}
6. Jointly Owned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
D. Tote1 Assets
APPROVED DEDUCT:IONS AND EXEMPTIONS:
9. Funeral Expanses/Ada. Costs/Misc. Expanses (Schedule H) (9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10)
11. Total Deductions
12. Net Value of Tax Return
.0O
.00
.O0
59z$05.85
6~77.25
.00
.00
(8)
q,qlq.ll
Z,9Oq.q9
(11)
(12)
15.
1~.
NOTE:
Charitable/governmental Bequests; Non-elected 9115 Trusts (Schedule J) (15)
Net Value of Estate Subject to Tax (14)
:if an assessment was Issued previously, lines 14, 15 and/or 16, 17,
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 1~ at Spousal rate
16. Amount of Line lq taxable at Lineal/Class A rate
17. Amount of Line lq at Sibling rate
18. Amount of Line 1~ taxable at Collateral/Class B rate
19. Principal Tax Du~
TAX CRED:ITS:
PAYMENT RECEIPT DISCOUNT (+)
DATE NUMBER INTEREST/PEN PAID (-)
01-28-200q CDOOIq87 .00
NOTE: To insure proper
credit to your account,
submit the upper portion
of this for. ~ith your
tax payment.
65,785.08
7.518.60
58,~6~.~8
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATZON OF ADDITIONAL INTEREST.
.00
58,q6q.q8
18 and 19 will
(is) .00 x O0 = .00
(16) 58,~6Q.q8 x Oq5= Z,650.90
(17) .00 x 1Z = .00
(18) .00 x 15 = .00
(19)= Z,650.90
AMOUNT PAID
2,650.90
TOTAL TAX CREDIT I 2,650.90
BALANCE OF TAX DUEI .00
INTEREST AND PEN. .00
i TOTAL DUE .00
( IF TOTAL DUE ~S LESS THAN $1, NO PAYMENT IS REBUIRED.
IF TOTAL DUE IS REFLECTED AS A 'CREDIT' (CR), YOU NAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION:
PURPOSE OF
NOTICE:
PAYNENT:
REFUND (CR):
OBJECTIONS:
ADHIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
Estates of decedents dying on or before December II, 1982 -- if any future interest in the estate is transferred
in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for
life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class S (collateral) rate on any such future interest.
To ~ulfi11 the requirements af Section ZI~O of the Inheritance and Estate Tax Act, Act Z$ of ZOO0. (7Z P.S.
Section 91q0).
Detach the top portion of this Notice and submit with your payment to the Register of Hills printed on the reverse side.
--Make check or money order payable to: REGISTER OF NILES, AGENT
A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax" (REV-ISIS). Applications are available at the Office
of tho Register of Hills, any of the ES Revenue District Offices, or by calling tho special Iq-hour
ansaering service far forms ordering: 1-800-$6Z-ZOSO; services for taxpayers with special hearing and / or
speaking needs: 1-800-~qT-30ZO (TT
Any party in interest not satisfied with the appraisement, allowance, or disalloeance of deductions, or assessment
of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. Z81021, Harrisburg, PA 171IS-lO[i, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans" Court.
Factual errors discovered on this assessment should be addressed in ariting to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Past Assessment Review Unit, Dapt. Z80601, Harrisburg, PA 171Z8-0601
Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-1501) for an explanation of administratively correctable errors.
If any tax due is paid within three (3) calendar months after the decadent's death, a five percent [SI) discount of
the tax paid is aIlowad.
The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the and of the tax amnesty period. This non-participation
penalty is appealable in the same manner and in the the same time period as you mould appeal the tax and interest
that has been assessed as indicated on this notice.
Interest is charged beginning with first day of delinquency, or nine (9) months and one (l) day from the date of
death, to the date of payment. Taxes which became delinquent before January 1, 198Z bear interest at the rate of
six (6Z) percent per annum calculated at a daily rate of .00016q. All taxes which became delinquent on and after
January l, 198Z will bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1982 through ZOOq are:
Interest Daily Interest Daily Interest Daily
Year Rate Factor Year Rate Factor Year Rate Factor
~ 20Z .goose8 ~-1991 IZZ .000501 ~ 9Z .0002q7
1983 16Z .000q$8 1992 9Z .OOOZ~7 2002 6Z .00016~
198~ llZ .000~01 199~-199q 7Z .00019Z 2003 SZ .000137
1985 132 .000356 1995-1998 9Z .O00Z~7 200~ ~Z .000110
1986 lOZ .O00ZTq 1999 72 .O0019g
1987 lO[ .00027fi ZOO0 7Z .00019Z
--Interest Js calculated as follows:
INTEREST = BALANCE OF TAX UNPAID
X NURSER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days
beyond the date of the assessment. If payment is made after the interest computation data sheen on the
Notice, additional interest must be calculated.
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
DONNA J. MILLER
Date of Death:
MAY 14.2003
No. 21-03-00452
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: --X- Yes _ No
2. If the 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 X No
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties
in interest? X Yes No
d. Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed with the Clerk of Orphan's Court and may be
attached to this report.
Date:
04/11/2005
~~.
:: & Mc(Jm
Roger B. Irwin. Esquire
Name (please type or print)
60 West Pomfret Street
Address
Carlisle. PA 17013
City, State, Zip
(717) 249-2353
Telephone Number
~
Capacity:
Personal Representative
Counsel for Personal Representative
X
~
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 4/07/2005
IRWIN ROGER B ESQ
60 W POMFRET ST
CARLISLE, PA 17013
RE: Estate of MILLER DONNA J
File Number: 2003-00452
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:
5/14/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
~