HomeMy WebLinkAbout90-0846IN RE: Estate of Dorothy V. Miller : In the Court of Common Pleas of
Cumberland County, Pennsylvania
Dorothy V. Miller Trust Orphans' Court Division
No. 21-90-486
MOTION FOR TERMINATION OF TRUST
AND NOW comes M&T Investment Group, Trustee of the Dorothy V. Miller
Trust under the Will of Dorothy V. Miller, dated January 30, 1987, and avers the
following:
1. Dorothy V. Miller executed her last Will and Testament, dated January
30, 1987, a copy of which is attached hereto as Exhibit "A".
2. Under the aforesaid Will, decedent, Dorothy V. Miller, appointed
Dauphin Deposit Bank & Trust Company as Trustee and directed her Executor,
Dauphin Deposit Bank & Trust Company, and William G. Miller, to fund said Trust
with assets of a value totaling $600,000.00. The initial decree awarding real estate
dated December 18, 1991, conveyed two tracts of land In West Pennsboro Township
to Petitioner, Dauphin Deposit Bank & Trust Company, as Trustee under the Will of
Dorothy V. Miller. Decree Awarding Real Estate was filed in Deed Book L, Volume
35, Page 142, and is attached hereto as Exhibit "B". A revised Decree Awarding Real
Estate dated January 27, 1993, adding a tract of land in West Pennsboro Township
conveyed all three tracts in question to Dauphin Deposit Bank & Trust Company as
Trustee under the Will of Dorothy V. Miller. Said revised decree awarding real estate
was recorded at Deed Book "D", Volume 36, page 397 and is attached th~to as
Exhibit "C" ~- ° , : ; . -' ;=~,
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3. The M&T Investment Group, current Trustee of the Dorothy V. Miller
Trust, is Successor to the original Trustee, Dauphin Deposit Bank & Trust Company,
by virtue of the merger of the two entities.
4. The current income beneficiary of the Trust is decedent's widower,
William G. Miller. The remainder beneficiary, to whom all assets of the Trust are to
be distributed upon the death of William G. Miller, is the daughter of decedent and
William G. Miller, Donna L. Hockenberry. The contingent remainder beneficiaries,
should Donna L. Hockenberry fail to survive her father, William G. Miller, are the
children of Donna L. Hockenberry, David R. Hockenberry, II, DonaLu Green, Debra
K. Green and Daren W. Hockenberry. A list of the aforesaid Beneficiary, Remainder
Beneficiary and Contingent Beneficiaries, are set forth with their addresses on the
attached Exhibit "D".
5. Petitioner has summarized the assets of the Trust as of August 12, 2011
in the attached Exhibit "E".
6. Petitioner believes and avers that the real estate in the Trust, situate in
West Pennsboro Township and consisting primarily of two tracts, has a fair market
value at this time of One Million Five Hundred Thousand Three Hundred Dollars
($1,500,300.00). Petitioner lists the other assets of the Trust, including tax exempt
money market funds, domestic equity mutual funds, global/international funds and
non-taxable fixed income funds on aforesaid exhibit, which are substantially
equivalent to cash, or which may be reduced in the short term to cash, and which
liquid assets of the Trust total Fourteen Thousand Seven Hundred Thirty-Nine
Dollars and Sixty Nine Cents ($14,739.69).
7. Recent tax assessments of the two tracts in question as of 2010 are
attached hereto. The Notice of Change of Assessment for parcel number 46-10-
0620-006A reflects a fair market value of Seven Hundred Twenty Four Thousand
'Two Hundred Dollars ($724,200.00), and is attached hereto as Exhibit "F". The
Notice of Change of Assessment for parcel number 46-09-0517-009 reflects a fair
market value of Seven Hundred Ninety Seven Thousand One Hundred Dollars
($797,100.00), and is attached hereto as Exhibit "G". The total of the two Notice of
Change of Assessments is One Million Five Hundred Twenty One Thousand Three
Hundred Dollars ($1,521,300.00), which Petitioner believes, and avers, supports the
conclusion that the value of the real estate in question is in the approximate amount
of One Million Five Hundred Thousand Three Hundred Dollars ($1,500,300.00).
8. Petitioner believes and avers that, considering the taxes on the real estate
in question, and the ongoing expenses relating to the real estate and the appropriate
fees of the Trustee, the liquid assets of the Trust will be expended in the relatively
near future, unless Trustee sells real estate in the Trust to generate liquid assets.
9. The current income beneficiary, William G. Miller, and the Remainder
Beneficiary, Donna L. Hockenberry, have expressed to the Trustee their disinclination
to sell the real estate which constitutes the corpus of the Trust.
10. Under 20 Pa C.S.A. X7740.2, pertaining to modification or termination
of non-charitable irrevocable Trust by the Court, (a) "The Court may modify the
administrative or diapositive provisions of a noncharitable irrevocable trust, make an
allowance from the principal of the trust or terminate the trust if, because of
circumstances that apparently were not anticipated by the setdor, modification,
allowance or termination will further the purposes of the trust. To the extent
practicable, the modification or allowance shall approximate the settlor's probable
intention". (b) "The court may modify the administrative provisions of a
noncharitable irrevocable trust if adherence to the existing provisions would be
impracticable or wasteful or impair the trust's administration". (c) "Upon termination
of a trust under this section, the trustee shall distribute the trust property in a manner
consistent with the purposes of the trust".
11. The Trustee has proposed to the current income beneficiary, William G.
Miller, the Remainder Beneficiary, Donna L. Hockenberry, and the Contingent
Remainder Beneficiaries, David R. Hockenberry, II, DonaLu Green, Debra K. Green,
and Daren W. Hockenberry, that the purpose of the Trust could be accomplished by
terminating the Trust and distributing all remaining assets of the Trust to the
Remainder Beneficiary, Donna L. Hockenberry.
12. Attached hereto are the consents of the current Income Beneficiary,
William G. Miller, marked as Exhibit "H", the Remainder Beneficiary, Donna L.
Hockenberry, marked as Exhibit "I", and the Contingent Remainder Beneficiaries,
David R. Hockenberry, II, marked as Exhibit "J", DonaLu Green, marked as Exhibit
"K", Debra K. Green, marked as Exhibit "L", and Daren W. Hockenberry, marked as
Exhibit "M", all consenting to termination of this Trust and to distribution of all
assets of the Trust to the Remainder Beneficiary, Donna L. Hockenberry.
13. Petitioner believes and avers that the illiquid nature of this Trust was not
anticipated by the setdor and that termination of the Trust will approximate the
settlor's probable intention. Petitioner further avers that adherence to the
administrative provisions of this Trust would, under the present circumstances, be
impracticable, or wasteful, and/or would impair the Trust administration.
14. Petitioner further avers that distribution by the Trustee of the Trust
property to Remainder Beneficiary, Donna L. Hockenberry, would be consistent with
the purposes of the Trust created by decedent, Dorothy V. Miller, in her Will of
January 30, 1987.
Wherefore, Petitioner requests that this Court authorize termination of the
Dorothy V. Miller Trust, under the Will dated January 30, 1987, in accordance with
the provisions of 20 P.S. X7740.2, and consistent with the consents of all of the
beneficiaries, and authorize distribution of the corpus and any undistributed income
of the trust to the Remainder Beneficiary, Donna L. Hockenberry, subject to an
informal accounting to the Primary, Remainder and all Contingent Beneficiaries of the
trust.
mes D. Flower, Jr., Esq
FLOWER LAW, LLC
10 West High Street
Carlisle, PA 17013
Supreme Court ID. 27742
(717) 243-5513
VERIFICATION
I, Jane F. Burke, Vice President M&T Investment Group, Petitioner herein,
hereby verify that the statements made in the within instrument are true and correct to
the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
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Jane .Burke, Vice President
M& T Investment Group
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OF
DOROTHY V. MILLER
I, DOROTHY V. MILLER, of West Pennsboro Township,
Cumberland County, Pennsylvania, declare this to be my Last Will
and Testament, hereby revoking all other Wills by me at any time
heretofore made.
1. I direct my Executors hereinafter named to pay all of
my just debts, funeral and administrative expenses out of my
estate as soon as practicable after my death.
2. I give to DAUPHIN DEPOSIT BANK AND TRUST COMPANY the ,
sum of Six Hundred Thousand ($600,000.00) Dollars, in trust,
nevertheless, to invest and reinvest and pay ali of the income to
my husband., WILLIAM G. MILLER in
quarterly or other convenient
installments, as long as he may live. Trustee may make payments i
to others for the use and benefit of my husband to assure his
welfare, comfort, maintenance and support. Should the income, ~
when taken together with other income he may have from other
sources, prove insufficient to properly provide for h'
is welfare, 1
comfort and support, then the Trustee may, in its sole
discretion
pay whatever sums it deems necessary and appropriate
to accomplish the purpose out of principal of the trust as well {
as the inco»~ne.
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Upon the death of my husband, the trust shall terminate and
all assets of the. trust shall be distributed to my daughter,
DONNA L. HOCKENBERRY.
3. All the rest, residue and remainder of my estate, I
give, devise and bequeath to my husband, WILLIAM G. MILLER,
absolutely.
4. Should my husband fail to survive me I give my entire
estate to my daughter, DONNA L. HOCKENBERRY.
5. Should my daughter, DONNA L. HOCKENBERRY, fail to
survive me and my husband, I give the share of my estate to which
she would have otherwise been entitled to receive, in equal '
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shares, to each of the following: her husband, DAVID, and her
four children, DAVID, DONALU, DEBRA, and DAREN..
6. I nominate and appoint DAUPHIN DEPOSIT BANK AND TRUST
COMPANY, Carlisle, Pennsylvania, Trustee of the. share of any
beneficiary who may be under the age of twenty-five years.. The
income and/or principal of said trust may be accumulated or
extended for the maintenance, education and support of such
beneficiary as my Trustee in its sole discretion may determine;
and my Trustee, in the expenditure of income and/or principal for
such purposes, may, at its discretion, apply the same directly
without the intervention of a guardian or pay .the same to any
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person having the care or control of said beneficiary or with
whom the beneficiary resides, without duty on the part of the
Trustee to supervise or inquire into the application of the funds
by any person to whom any payment is so made. The balance of
such income and/or principal shall be paid to such beneficiary
upon reaching the age of twenty-five years, or to such
beneficiary's estate in the event of death prior thereto.
7. All principal and income shall, until actual
distribution to the beneficiaries, be free of the debts,
contracts, alienations and anticipations of any beneficiary, and
the same shall not be liable to any levy, attachment, execution
or sequestration while in the possession of my Executors or
Trustees.
8. All estate, inheritance, succession and other death
taxes imposed or payable by reason of my death, anal interest and
penalties thereon, with respect to all property comprising my
gross estate for death tax purposes, whether or not such property
passes hereunder, shall~be paid from my residuary estate as an
expense and cost of administration of my estate. In the absolute
discretion of my Executors, they may pay such taxes immediately
or may postpone the payment of taxes on future or remainder
interests until the time possession thereof accrues to the
beneficiary.
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9. I nominate and appoint DAUPHIN DEPOSIT BANK AND TRUST
COMPANY, Carlisle, Pennsylvania, and my husband, WILLIAM G.
MILLER., Executors of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 3 d r`'' day o f ~~a h ~a ~`~
1987.
~ I' c4}l _ .~ ~i ~~ ~~~ ,L.(k~EiL, ( SEAL )
D OTHYMILLER
SIGNE~, SEALED, PUBLISHED and DECLARED
in th presence of: ;
COMMONWEALTH OF PENNSYLVANIA )
SS..
COUNTY OF CUMBERLAND
I, DOROTHY V. MILLER, Testatrix, whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by DOROTHY
V. MILLER, Testatrix, this ~,3D ~ day of ~~ ,( ~.(Q ~{ ~ , 1987.
~ D
D0 TH V. , Testatrix
~taty
MERLENE MARHEVKA, Notary Public
Carlisle, Cumberland County, Pa.
My Commission Expires ~__ ~ -~ /~~•`,
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COMMONWEALTH OF PENNSYLVANIA. )
- SS..
COUNTY OF CUMBERLAND )
I
We; _ c.~l ~ ~ ~.~
and % ~ the
witnesses; hose names are signed to the attached or foregoing ~
instrumen , being duly qualified according to law, do depose and
say that we were present and saw Testatrix, DOROTHY V. MILLER, `•
sign and execute the instrument as her Last Will; that she signed
willingly and that she executed it as her free and voluntary act
for the purposes therein expressed; that each of us in the
hearing and sight of the Testatrix signed the Will as witnesses;
and that to the best of .our knowledge the Testatrix was at that
time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn. or a~tffirmed to and subscribed to before m~e by
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,1_ this day of
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MERLENE MARHEVKA, Notary Publk
Carlisle, Cumberland Covnty, Pa.
My Commission Expitw 4,~7 /i~J
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CODICIL TO LAST WILL AND TESTAMENT
OF
DOROTHY V. MILLER
I, DOROTHY V. MILLER, of West Pennsboro Township,
Cumberland County, Pennsylvania, being of sound and disposing
mind, memory and understanding, do hereby make, publish and
declare this to be a Codicil to my Last Will and Testament dated
January 30, 1987, as follows:
1. I revoke Paragraph 9 of my Will.
2. I nominate, constitute and appoint my husband, WILLIAM
G. MILLER to be the Executor of my Last Will and Testament.
Should my husband, WILLIAM G. MILLER, be unable to act for any
reason, I appoint my daughter, DONNA L. HOCKENBERRY, to be the
Executrix of my estate.
3. In all other respects, I hereby ratify and affirm my
Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 1 ~ ~~~ day of r~-lj'1~~~~(,~..~-)('( , 1990.
_~ ~ . ~-~~ ~ ,~, 1 r ~ ~, ~ . ( SEAL )
Dorothy~V. Miller
1
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND SS.:
)
I, DOROTHY V. MILLER, Testatrix,. whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as a Codicil to my Last Will; that I
signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by DOROTHY
V. MILLER, Teatatrix, this 19th day of November
1990.
Dorothy; V. Miller, Testator
COMMONWEALTH OF PENNSYLVANIA ) LfiURA A. 5 ~ il(`1M1E, ';~ta1. {, •
CarlislE., Ci~I;,L,F: Y ublic
SS.: hty Co~:mic;iarl Ex~ir~ 1,a'~<i Cuunty
COUNTY OF CUMBERLAND ~ _ I_ i~~ cn Zb, 1993
We, JAMES D. FLOWER and BRUCE J. WARSHAC~TSKY
the witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Testatrix, DOROTHY V. MILLER,
sign and execute the instrument as a Codicil to her Last Will;
that she signed willingly and that she executed it as her free
and voluntary act for the purposes therein expressed; that each
of us in the hearing and sight of the Testatrix signed the Will
as witnesses; and that to the best of our knowledge the Testatrix
was at that time 18 or more years of age, of sound mind and under
no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by ,TAMES D. F
and BRUCE J. WARSHAWSKY , witnesses, this 19th da of
November 1990. I'
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Witness
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W.i~ ness
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!_~I)itq ,A. Bi iL1F!E, rt•~t~try Public
Carlisle, C~~r~barl~ttld COUnty
My Crnr:;rissir;rn Ex~~irG~ ,•Sarch Zt;, 1993
2
SHORT CERTIFICATE -LETTERS TESTAMENTARY
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERL:~ND
I, MARY C. LEWIS, Register of Wills in and for the County of Cumberland, in the Commonwealth
of Pennsylvania, DO HEREBY CERTIFY that on the 3rd day of December
19 .4Q_, LETTERS TESTAMENTARY on the Estate of Dorothy V. Miller
deceased, were granted to William G. Miller
having first been qualified well and truly to administer the same. And I further certify that no revocation
of said Letters appears of record in my office:
Date of Death November 24 , 1990 Given under my hand and seal of office
Soria! Security No. 174-20-4947 this 4th day of June 1 92
~~ /~ / ,
' Regisl~r ~ (~~~~
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
IN RE: ESTATE OF DOROTHY V. IN THE COURT OF COMMON PLEAS
MILLER, Late of OF CUMBERLAND COUNTY, PA
West Pennsboro Township, ORPHANS' COURT DIVISION
Cumberland County, PA, : NO. 21-90-486
deceased
~i ~ . 1
DECREE AWARllING REAL ESTATE ~` ~~,`J~ ~ ~ 3~ ~
AND NOW, this ~ ~ ~' day of December, 1991, at~3 ` ~f a o'clock ~.M., E.S.T.,
the account and schedule of proposed distribution of William G. Miller, Executor of the Estate of
Dorothy V. Miller, deceased, late of West Pennsboro Township, Cumberland County, Pennsylvania,
having been confirmed, the real estate hereinafter described is hereby awarded to Dauphin Deposit
Bank and Trust Company, as Trustee under the Will of Dorothy V. Miller.
ALL those two (2) tracts of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
TRACT NO. 1: BEGINNING at an oak tree, at corner of lands now or formerly of
Walter Mains; thence along lands of same, North eighty-six (86) degrees West, one thousand three
hundred seventy-two and five tenths (1,372.5) feet to a point in line of lands now or formerly of
the Thrush Estate, said point being located at or near the center line of an old abandoned roadway;
thence along said lands and following the center line of the above mentioned abandoned roadway,
South twenty-seven (27) degrees forty-five (45) minutes West, one thousand one hundred fifty-
eight (1,158) feet to an iron on the center line of a public road, approximately twenty-six (26) feet
wide; thence along the centerline of the above mentioned public road the following three (3)
courses, namely: South sixty-seven (67) degrees twelve (12) minutes East, one hundred sixty-eight
and five tenths (168.5) feet to an iron; South eighty-three (83) degrees East, one hundred forty-five
(145) feet to an iron; South eighty-three (83) degrees thirty (30) minutes East, two hundred thirty-
four (234) feet to an iron; thence along lands now or formerly of Jane H. McCullough, North sixty-
two (62) degrees ten (10) minutes East, one thousand six hundred fifty-four (1,654) feet to a point
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in line of lands now or formerly of Walter Mains, said point being located at or near the
line of a stone wall which has been torn down; thence along said lands and follow' center
above mentioned stone wall, North seventeen (17) degrees fifty-six (56) minutes East i~,o long the
eighty and five. tenths (280.5) feet to the oak tree, the place of BEGINNING. ~ hundred
TRACT NO. 2: BEGINNING at a point on line of lands now or formerl of L
Gilbert, this point being nine hundred eighty (980) feet from the center line of Ritner Hi hwa
thence by same, North thirty (30) degrees forty-five (45) minutes West a list g y~
sixty-two and seventy-five hundredths (562.75) feet to a point; thence by same No ohffVe hundred
fifty six (56)
;~ degrees fifteen (15) minutes West, a distance of five hundred ninety and seven tenths 590.7 fe
to a point; thence by the same, North twenty-five (25) degrees forty 40 minut ( ) et
of one thousand one hundred twenty-three and sixty-five hundredth ) es West, a distance
thence along lands now or formerly of Walter S. Mains, North seven sf(1'123.65) feet to a point;
rrunutes East, a distance of two thousand one hundred sixty-four and ei h (75) degrees thirty (30)
a point; thence along lands now or formerly of George Stambaugh, South twee the (2,164.8) feet to
East, distance of one thousand nine hundred twenty-two and seven tenths 1,922 ~ gfe (28) degrees
thence along lands now or formerly of George D. Porter and Edith F. Por ( ) et to a point;
eight (68) degrees thirty (30) minutes West, a distance of one thousand ei th ' his wife, South sixty-
(1,888) feet to a point, the place of BEGINNING. CONTAINING 96 a~ t hundred eighty-eight
es, more or less.
TOGETHER with a
strip of land fifteen (15) feet wide as described in the deed of Glenn
L
D. Mains, Jr, and Pauline Kamerer Mains to William G. and Dorothy V. Miller b
y Quit-Claim
j Deed dated December 31, 1954 and recorded in the Office of the Recorder of Deeds in and
for
Cumberland County, Pennsylvania, in Deed Book "G", Volume 16, Page 98.
BEING the same premises which William G. Miller, by deed Dated February 17, 1987 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
2
800K 3S PAGE j.Q3
Deed Book "C", Volume 33, Page 193, granted and conveyed to Dorothy V. Miller. The said
Dorothy V. Miller died November 24, 1990, and by her Last Will and Testament dated January 30,
1987, and filed to Estate No. 21-90-846 in the Office of the Register of Wills in and for
Cumberland County, Pennsylvania, devised said land to Dauphin Deposit Bank and Trust Company
in Trust.
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County of Cumberland
Recorded in the office for the recording of Deeds
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'IN RE: ESTATE OF DOROTHY V.
MILLER, Late of
West Pennsboro Township,
Cumberland County, PA,
deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
NO. 21-90-486
REVISED DECREE AWARDING REAL ESTATE
AND NOW, this o? 7 ~ day of January, 1993, at 3 ~ ° ° o'clock. ~.M., E.S.T.,
it appearing that the Decree Awarding Real Estate, dated December 18, 1991, omitted a tract
of land included in the lands in West Pennsboro Township, Cumberland County, Pennsylvania,
awarded to Dauphin Deposit Bank and Trust Company, as Trustee, by the Schedule of
Distribution, confirmed by this Court on November 26, 1991, the Decree is hereby revised to
include said real estate, and the real estate hereinafter described is hereby awarded to Dauphin
Deposit Bank and Trust Company, as Trustee, under the Will of Dorothy V. Miller.
ALL those three (3) tracts of land situate in West Pennsboro Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows:
TRACT NO. 1: BEGINNING at an oak tree, at corner of !ands no:v or formerly of
Walter Mains; thence along lands of same, North eighty-six (86) degrees West, one thousand
three hundred seventy-two and five tenths (1,372.5) feet to a point in line of lands now or
formerly of the Thrush Estate, said point being located at or near. the center line of an old
abandoned roadway; thence along said lands and following the center line of the above
mentioned abandoned roadway, South twenty-seven (27) degrees forty-five (45) minutes West,
one thousand one hundred fifty-eight (1,158) feet to an iron on the center line of a public road,
approximately twenty-six (26) feet wide; thence along the centerline of the above mentioned
public road the following three (3) courses, namely: South sixty-seven (67) degrees twelve (12)
minutes East, one hundred sixty-eight and five tenths (168.5) feet to an iron; South eighty-three
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(83) degrees East, one hundred forty-five (145) feet to an iron; South eighty-three (83) degrees
thence along lands now
thirty (30) minutes East, two hundred thirty-four (234) feet to an iron;
or formerly of Jane H. McCullough, North sixty-two (62) degrees ten (10) minutes of Water
thousand six hundred fifty-four (1,654) feet to a point in line of lands now or formerly
Mains, said point being located at or near the center line of a stone wall which has been torn
North
down; thence along said lands and following along the above mentioned stone wall, 280.5
seventeen. (17) degrees fifty-six (56) minutes East, two hundred eighty and five tenths ( )
feet to the oak tree, the place. of BEGINNING.
TRACT NO. 2: BEGINNING at a point on line of lands now or formerly of Lynn
Gilbert, this point being nine hundred eighty (980) feet from the center fine of Ritner Highway;
thence by same, North thirty (30) degrees forty-five (45) minutes West, a distance of five-hundred
sixty-two and seventy-five hundredths (562.75) feet to a point; thence by same, North feenths
(56) degrees fifteen (15) minutes West, a distance of five hundred ninety and seven
40 minutes
(590.7) feet to a point; thence by the same, North twenty-five (25) degrees forty ( 1 123.65
West, a distance of one thousand one hundredtwenty-three and sixty-five hundredths (, )
feet to a point; thence along lands now or formerly of Walter S. Mains, North seventy-five (7
degrees thirty (30) minutes East, a distance of two thousand one hundred sixty-four and ~ th
tenths (2,164.8) feet to a point; thence along lands now or formerly of George Stambaug d seven
twenty-eight (28) degrees East, distance of one thousand nine hundred twenty two a
tenths (1,922.7) feet to a point; thence along lands now or form°rly of George D. Porter and
minutes West, a distance o
Edith F. Porter, his wife, South sixty-eight (68) degrees thirty (30)t the lace of BEGINNING.
one thousand eight hundred eighty-eight (1,888) feet to a pom , p
CONTAINING 96 acres, more or less.
TOGETHER with a strip of land fifteen (15) feet wide as described in the deed of Glenn
D. Mains, Jr. and Pauline Kamerer Mains to William G. and Dorothy V. Miller by Quit-Claim Deed
2
sool~ ,36 PAGE 398
r 31, 1954 and recorded in the Office of the Recorder of Deeds in and for
dated Decembe
Cumberland County, Pennsylvania, in Deed Book "G", Volume 16, Page 98.
G Tract Nos. 2 and 3 in the Deed of William G. Miller, dated February 17, 1987 and
BEIN
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
recorded
Volume 33, Page 193, granted and conveyed to Dorothy V. Miller.
in Deed Book "
~~
rovements thereon
TRACT NO. 3: ALL that certain tract of land, together with the imp
Penns lvania, more
erected, situate in the Township of West Pennsboro, Cumberland County,n lan for William G.
particularly bounded and described in accordance with a land subdivis-o p
and Dorothy V. Miller, made by Dennis E. Black, Registered Engineer, as revised May 24,
Miller
8 and recorded in Plan Book 55, Page 112, in the Office of the Recorder of Deeds in an
198 ,
Pennsylvania, as follows, to wit:
for Cumberland County,
the Ritner Highway, at land now
BEGINNING at a point in the center of U. S. Route 111ine a distance of 646.5 feet to a
thence along said center ,
or formerly of George F. Gardner;
' line of lands retained by the parties as tenants by the entireties; thence along said lands,
point m
orth 23 degrees 37 minutes West, a distance of 226.54 feet to a point; thence along the same,
N
South 61 degrees 08 minutes West, a distance of 172.13 feet to a point; thence aloS9n iron pin
South 27 degrees 57 minutes 10 seconds East, a distance of 60.56 feet toouth 63 degrees 53
in line of land of Brenard H. Paulus; thence along said land of Paulus, S the same, South 23
minutes 40 seconds West, a distance of 100 feet to a point; thence alo o said U. S. Route 11;
degrees 10 minutes East, a distance of 171.4 feet to a point in the ce rees 08 minutes West, a
thence along the center line of said U. S. Route 11, .South 60 mes A. Clelan; thence along
distance of 26 feet to a point in line of land now or formerly °stance of 726.62 feet to a point;
rees 05 minutes West, a d
said land of Clelan, North 21 deg ~ oint;
ence along the same, North 24 degrees 40 minutes West, a distance of 786.84 feet to a p oint;
th
thence along the same, South 57 degrees 10 minutes West, a distance of 381.5
the same, South 66 degrees 45 minutes West, a distance of 241.6 feet to a point;
thence along
3
eooi< .36 P~cf 399
---
_,
x5-.:
thence along the same, North 38 degrees 47 minutes West, a distance of 639 feet to a point;
thence along the same, South 50 degrees 46 minutes West, a distance of 213.1 feet to a point;
thence along the same, North 46 degrees 55 minutes West, a distance of 627.35 feet to a point;
thence along the same, North 32 degrees 08 minutes West, a distance of 145.7 feet to a point;
thence along the same, South 63 degrees 08 minutes West, a distance of 472.94 feet to a point
in line of land now or formerly of Douglas J. Bates; thence along said land of Bates, North 25
degrees 22 minutes West, a distance of 485.19 feet to a point in line of land now or formerly of
Maynard McCullough; thence along said land of McCullough, North 63 degrees 08 minutes East,
thence along
a distance of 2,564.10 feet to a point in line of other lands of the parties hereto;
said other lands of the parties to this deed, South 17 degrees 22 minutes East, a distance of
1,030.25 feet to a point; thence along the same, South 47 degrees 37 minutes East, a distance
of 594 feet to a point; thence along the same, and land of Paul E. Boyles and George F.
Gardner, South 22 degrees 22 minutes East, a distance of 1,546.05 feet to a point in the center
line of the aforesaid U. S. Route 11, the Ritner Highway, the place of BEGINNING.
CONTAINING 105 acres, more or less.
BEING all of the same tract of land which D D & M Corporation, by their deed dated
March 1, 1967, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book "G", Volume 22, Page 363, granted and conveyed unto
William G. Miller and Dorothy V. ~ Miller, his wife, the parties hereto, except for the following
described tract of land:
BEGINNING at an existing nail in the center line of U. S. Route 11, the
Ritner Highway, at line of land now or formerly of Brenard H. Paulus; thence along
said land of Paulus, North 27 degrees 57 minutes 10 seconds West, a distance of
165.06 feet to an existing iron pin; thence by the same course along land
hereinbefore described as the subject of this conveyance, a distance of 60.56 feet
to a point; thence along the same, North 61 degrees 08 minutes East, a distance
of 172.13 feet to a point; thence along the same, South 23 degrees 37 minutes
East, a distance of 226.54 feet to a nail in the center of said Ritner Highway;
4
800K~ 36 PAGE
r-line of said Ritner Highway, South 61 degrees 08 menu es
West, a: distance of 155 feet to the place of BEGINNING.
CONTAINING 36,899 square feet and having thereon erected a dwelling house.
BEING the same tract of land conveyed by William G. Miller to Dorothy V. Miller, by deed
dated November 11, 1988, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book "R", Volume 33, Page 196.
By the Court,
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In Testimony yt+he~3, C~'~'feLn~~++to set my hand
and the seat'~€ ~''~.-~.~;~ ```, 's.e ~ .
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Trust U/Will Dorothy V. Miller
Current Income Beneficiary:
William G. Miller
3497 Ritner Highway
Newville, PA 17241
Remainder Beneficiary:
Donna L. Hockenberry
110 South High Street
Newville, PA 17241
Children of Donna L. Hockenberry:
David R. Hockenberry II DOB: 3/7/64
240 Oak Flat Road
Newville, PA 17241
Dona Lu Green DOB: 3/6/65
3495 Orrstown Road
Orrstown, PA 17244
Debra K. Green DOB: 4/16/67
3501 Ritner Highway
Newville, PA 17241
Daren W. Hockenberry DOB: 11/17/68
3499 Ritner Highway
Newville, PA 17241
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;umberland County Board of_Assessment Appeals
Jld Courthouse, First Floor
One Courthouse Square
Carlisle, PA 17013
46001509-2B-2437
II1~111111~1111111111111~1111~11111111~1111~11~1~111~~1111~11) 23 8 4
DAUPIiiN DEP BR & TR CO-TRS T9 Pa
FINANCIAL, SERV-TRUST DEPT
C/O M8'cT INVESTMENT SERVICES
TR RE 101-324 PO BOX 1596
BALTIMORE, MD 21203-1596
*** REVISED NOTICE ***
•
Deadline for Scheduling an Informal Review
Appointment: August 25, 2010
For details, please see the reverse side.
The Cumberland County Board of Assessment Appeals is providing you with notice of the value on this property,
determined as a result of the Cumberland County countywide reassessment completed this year. The countywide
reassessment values each property at current Fair Market Value, as of January 1, 2010, equalizing and establishing a
uniform tax base so that properties of like characteristics and the same actual Fair Market Value will be taxed the same.
VALUE NOTIFICATION
MAILING DATE: J1ily 16, 2010
Munic.; 46 - WEST PENNSBORO TWP
School: 1 - BIG SPRING SD
Location:
3485 RITNER HIGHWAY
PH 55 PG 112
Taxable Property
Land Size: 104.15 acres
Property Type: A
Residential (10+ Acres)
Enrolled is Clean and Greea
ESTIMATED TAX IMPACT
FORMAL APPEAL DEADLINE:
August 25, 2010
Below is your preliminary estimate of county taxes for 2011 (after reassessment), compared with your 2010 (current)
county taxes. A total estimated tax profile (county, municipal, school district) is available online. See our webpage,
www.ccoa.net. Click under "Reassessment" in lower right of home page.
Current 2010 County mills = 2.579
Adjusted 2010 County mills = 2.074
$ 220 2010 COUNTY Tax BEFORE Reassessment based on Clean & Green.
$ 194 2010 COUNTY Tax AFTER Reassessment based on Clean & Green.
(see reverse side} ~ ~(h'~ ~~ ~ -~•
Parcel Identifier:
46-10-0620-006A
:;umberland County Board of Assessment Appeals
Old Courthouse, First Floor
One Courthouse Square
Carlisle, PA 17013
46001105-28-2386
InhIu~IInIi111nu~IInnII~1~IJ~lmlluliln~ll~nllnl
aass
DAUPHIN DEPOSIT SANK & TRST TR Tg P2
COMPANY
C/O M&T INVESTMENT SERVICES
TR RE 101-324 PO BOX 1596
BALTIMORE, MD 21203-1596
*** REVISED NOTICE ***
~ ~
~ •
Deadline for Scheduling an Informal Review
Appointment: August 25, 2010
For details, please see the reverse side.
The Cumberland County Board of Assessment Appeals is providing you with notice of the value on this property,
determined as a result of the Cumberland County countywide reassessment completed this year. The countywide
reassessment values each property at current Fair Market Value, as of January 1, 2010, equalizing and establishing a
uniform tax base so that properties of like characteristics and the same actual Fair Market Value will be taxed the same.
VALUE NOTIFICATION
MAILING DATE: July 16, 2010
Munic.: 46 - WEST PENNSBORO TWP
School: 1 - BIG SPRING SD
Location:
RR OAK FLAT ROAD
LAND APPROX 126 ACRES
Taxable Property
Land Size: 126.19 acres
Property Type: V
Vacant Land
Enrolled is Clean and Green
ESTIMATED TAX IMPACT
Parcel Identifier:
46-09-0517-009.
FORMAL APPEAL DEADLINE:
August 25, 2010
2010 Base Year Assessed Value Old Assessed Value
Fair Market Value (2010 Market x 100%) (2004 Market)
Land 797,100 797,100 325, 910
Buildings
TOTAL 0
797,100 0
797,100 0
325,910
2010 Clean and Green Values
Land 81,500 81,500 76,610
Buildings
TOTAL 0
81,500 0
81,500 0
76,610
Green values apply to qualified farm ahd forest, land and become effective
Glean and
,
only upon application and approval. Glean and Green applications must be received
T
hose
by"..the AsSessmerit Office ho later than 4:30 p,m. on October 15, 2010,
prev~qus~ly approved for Clean and Green do not need to re-apply.
Below is your preliminary estimate of county taxes for 2011 (after reassessment), compared with your 2010 (current)
county taxes. A total estimated tax profile (county, municipal, school district) is available online. See our webpage,
www.ccpa.net. Click under "Reassessment" in lower right of home page.
Current 2010 County mills = 2.579
Adjusted 2010 County mills = 2.074
$ 198 2010 COUNTY Tax BEFORE Reassessment based on Clean & Green.
$ 169 2010 COUNTY Tax AFTER Reassessment based on Clean & Green.
(see reverse side)
~~1 ~~
l.V1vJ~lvi iv 11J1~,,.~s_._r----
CREATED UNDER THE WILL OF DOROTHY V. MILLER DATED
TANUARY 30,1987
I, William G. Miller, current income beneficiary, under the above-referenced
Trust, hereby state that I have reviewed the Petition of M&T Bank proposing to
terminate the Dorothy V. Miller Trust and hereby consent to termination of the Trust
and to distribution of the Trust property to the Remainder Beneficiary Donna L.
Hockenberry, as set forth in the aforesaid petition.
a ,_ ~ J
William G. Miller
CONSENT TO TERMINATION OF DOROTHY V. MILLER TRUST
CREATED UNDER THE WILL OF DOROTHY V. MILLER DATED
,JANUARY 30,1987
I, Donna L. Hockenberry, current Remainder Beneficiary, under the above-
referenced Trust, hereby state that I have reviewed the Petition of M&T Bank
proposing to terminate the Dorothy V. Miller Trust and hereby consent to
termination of the Trust and to distribution of the Trust property to the Remainder
Beneficiary, Doruzal L. F~ockenberry, as set forth in the aforesaid petition.
~`
+~: ~ , C ~ lam; ~,,, y
Donna L. I Locke berry
~' 1: , b" ~~ ~,
CONSENT TO TERMINATION OFDOROTHY V.•MII.LER DDATED
CREATED UNDER THE WILL OF
TANUARY 30,1987
I, David R. Hockenberry, II, current Contingent Remainder Beneficiary, under
the above-referenced Trust, hereby state that I have reviewed the Petition of M&T
Bank proposing to terminate the Dorothy V. Miller Trust and hereby consent to
termination of the Trust and to distribution of the Trust property to the Remainder
Beneficiary, Donna L. Hockenberry, as set forth in the aforesaid petition.
David R. Hockenberry, II
OC i 6 2Qii
B
~~~~~~~ ~
JANUARY 30,1987
I, DonaLu Green, current Contingent Remainder Beneficiary, under the above-
referenced Trust, hereby state that I have reviewed the Petition of M&T Bank
proposing to terminate the Dorothy V. Miller Trust and hereby consent to
termination of the Trust and to distribution of the Trust property to the Remainder
Beneficiary, Donna L. Hockenberry, as set forth in the aforesaid petition.
~~~- ' 1
DonaI.u Green
TANUARY 30,1987
I, Debra K. Green, current Contingent Remainder Beneficiary, under the
above-referenced Trust, hereby state that I have reviewed the Petition of M&T Bank
proposing to terminate the Dorothy V. Miller Trust and hereby consent to
termination of the Trust and to distribution of the Trust property to the Remainder
Beneficiary, Donna L. Hockenberry, as set forth in the aforesaid petition.
~~~~~ 1 ~ G~ ~-~
Debra K. Green
CONSENT TO TERMINATION OF DOROTHY V. MILLER TRUST
CREATED UNDER THE WILL OF DOROTHY V. MILLER DATED
TANUARY 30,1987
I, Daren W. Hockenberry, current Contingent Remainder Beneficiary, under
the above-referenced Trust, hereby state that I have reviewed the Petition of M&T
Bank proposing to terminate the Dorothy V. Miller Trust and hereby consent to
termination of the Trust and to distribution of the Trust property to the Remainder
Beneficiary, Donna L. Hockenberry, as set forth in the aforesaid petition.
-, ..- ~'
Daren W. Hockenberr.~-~--~~~~
DI~~~~~~
OCT 6 2011
~xh~~~~-
IN RE: Estate of Dorothy V. Miller
Dorothy V. Miller Trust
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Orphans' Court Division ~~ ~..;
No. 21-90-486
ORDER OF COURT
-~~;
~ ._W--~
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'~-
~:
-~. ~_.,_ ~_l
AND NOW this ~1 day of O G~~~ ~Y" , 2011, upon consideration of the
Motion of M&T Investment Group to Terminate the Trust of Dorothy V. Miller, and upon
~.~
,___
r~
`~~~
consideration of the consents to termination of that Trust and distribution of the Trust assets by the
current beneficiary, William G. Miller, remainder beneficiary, Donna L. Hockenberry, and
contingent remainder beneficiaries, David R. Hockenberry, II, DonaLu Green, Debra K. Green, and
Darren W. Hockenberry, all of the beneficiaries and contingent beneficiaries of said Trust, in
accordance with 20 Pa. C.S.A. X7740.2, said Trust is hereby terminated, and M&T Investment
Group is authorized to distribute all of the remaining assets of said Trust to the Remainder
Beneficiary, Donna L. Hockenberry, subject to an informal accounting of said Trust to be rendered
to all of the aforesaid beneficiaries, remainder beneficiaries or contingent remainder beneficiaries,
upon acceptance of the informal accounting and release of the Trustee by the aforesaid individuals.
--- - .
~~~~ ~,
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~~~~
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: DOROTHY V MILLER, TRUST CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-90-0486
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/17/11
JUDGE'S INITIALS: MLE
TIME STAMP DATE:
IN RE: ORDER OF COURT
SERVICE TO: DAREN W HOCKENBERRY DAVID R HOCKENBERRY
DEBRA K GREEN DONNA L HOCKENBERRY JAMES D FLOWER
DONALU GREEN WILLIAM G MILLER JANE BURKE
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 10/ 18/ 11
SERVICE TO:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
r, - ~'` ~
.~
Deputy
Clerk of Orphans' Court ~ '~