Loading...
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" ~- ° , : ; . -' ;=~, .~ 6: , ,. _--~,~ ~' --, ~ i~ ....T..) .~:. } „_ e.. T? i 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. -~~-f~, Jane .Burke, Vice President M& T Investment Group ~~" , l ~tt~t ~il1 ~n~ C~PStttt 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. ~, rr ~xh; b~+ ~ 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 ' E 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 2 F ~' i 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. 3 i i 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 ~__ ~ -~ /~~•`, 4 '~ F i~ S } t i ({} 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 ~ _: /.' L... ' ~ •c~ , and l~~ ~~.-S r ~~ ~_.11~(~~ ~- %~c`[ ` ,1_ this day of ., ~.~ . itnes i Hess ota T'-// ~+ MERLENE MARHEVKA, Notary Publk Carlisle, Cumberland Covnty, Pa. My Commission Expitw 4,~7 /i~J 5 C~~p~l 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' ~ ~ ,: -- Witness .-~ ~ ; // 7 W.i~ ness ~- -~ / o r~o ~ nr I,;L ;Ea•L !_~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 - F'AGE 1.~ C X h f b ~ ~ ,~j - ao~~ ~ _ ~~~ ~~ w~me w~~eI~I1SSi~~ISI~.IA_INN..1~ 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. ~:~ _ _ _; N ~_ ' ~~ . ~_ -~ ~_~ ~:: ~- _ . ~~-- ~~ - - ~:: ~ - iJ) ccf_i ~ r:~ ,, L~ > =- ~7 t:.: " L~~ O ~ d " " ! ~_~ ":: ~~ Y By the Court, JSJ ~~~ ~.. J _ ~ , ~ `A .I J1 f/SA/V_1 ~` 1 D_ ~~ ~ ~_ -• ...,. ~aa _- •~~~~~ as q ' r f ~ ~ _ yy77 4~ ~ j ~, A~^. ~'~wa~i.~f ;'f air. ~... ," '~~r 4 a ,,. F ~ ' `. -,r~.+ a"' rte= 7~"S !'t~i'~`~5~."'~. =~P•~R?y,'e'" q ' r t ~~ it °.a~ .l. __~ ____ _ . 4. ~,. ~t .~ Llf!'ri"s~nMi: "~!'.~ LU"SQL '~/ ~~ t ~ l " State of Pennsylvania SS County of Cumberland Recorded in the office for the recording of Deeds ~c~~nd for umberla~un~rR ~a• ~ ook~--Vol ~`3~-- ra9~`{ d. witness my hand ~j~d,~eal of office 19q. ~ Carlisle, ~h~ J`---' `-'~ ,~ ReEor~r 3 ~X ~ PAGE ~~ ~l ._ ._ <~: ~ tf~ ~ ~ `; ~1~ f/ n~ ~ y 5 Y - 1• ro j _ t Y k r ~ ~ ~ --~^ ~- - - -- --- '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 M ,~ ~•~ ~`` J(' 2 5k' 19~ ` 'i `r i' - q~~. (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, -~- .,. _ _ ,t, :~,~- ~- '~ •.~r .:. ~•~': . t„ ,• ~,-•:= o; P~nnsylvsnia SS ;~_;,:~,ty of Cumberland ~ of D ~: ,-.~;;;,~.d in :he office for the recording [~ tend for~umberland Count}y,~„ i, ~~ 63o1c~.-__Voi:~lP Pass Z~~;;JJ 1. _^_na3~ my i~nd ~r~¢,"~I of attic , ~ 1q Csr;~~iw, F'~ this _'jT dsY ~ 3 dar s`:~;eby ce-t;`y that the resi~e~ce ~~ci Post office of x~i,h:n Gra~tet: ~, ~A~cr~"~ J. ~7 _ G; ` : -_. ~ ~~' r~ c__. ~ - • ~~ -J _ ; ~ -- ~ < : -; . . ~ ~' G7 ;~ A TRUE COPY .FROM RECORD In Testimony yt+he~3, C~'~'feLn~~++to set my hand and the seat'~€ ~''~.-~.~;~ ```, 's.e ~ . This `r _ c~mt>eriand Courts/ ~l ~,a~ r. \~~ ^ .. ~7~'a. y~~4~' b~ .~~'' r 5 DOOK~ 36 PAGE 4~i .... .. ~n ate. 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 C x ~ ~ b ~" -~' Q r U ~ n.~ r r Z O E D Q OC D O O aD ~ 111 M ~ ~ j N T W O O M N ~ r M O 1 1 O U i } 1 \J o0 0o Mao 111M 111r ~ x111 ~O ~°°~ O ~O 0000 i oM Z 111 a0 ~ O ~ ~a0 M I N N O N 1 M O~ ~ r. U - 1 ~ N M 1 1 N ~O \ '~ W ~ ~ N 1 1 111 N r Q 1 \ 0K ~ 1 ~ ao Z Z 1 Z ~ 1 Q 1 O VI ~ r- ~ ~ ~ a ~ M ' ~ r M r' O N O ~ O Q Q [~ 1- Y O r ~ O O O O~ 1 O ~ C O O O~ 1 O WS 1 r U to - Q U ~ r O 1 O 00 a0 d ~ ~ N~ N~ ON 00~ ~O O ~ O~I~ ~ ~ 1 ~ QOM ~M ~O 1 M OM a0 U F- ~ 1- ~' N I~ O aD ti Za0 HO M ~ j ~ ~ M J ~D~ ~00~ X11; ON ~~ oN ~~ ~ 1 ~ .. M ~ ~ M M G7~0 1 aD a0 N ~ ~ M r ~'~ ~ NM N ~ N ~ Z~ t l11 111 O W 111 111 M ~ ~ ~ ~ O N I N N - p 111 111 1 J W 1 I li Z 1 {n Vr ~ ~ - 1 1 Z_ 11 ~'N ° O ~ ~O O 1 Q1 O 0~ N N - r c W 7~0 ~N O t ~ a o~ o~ a o J ~01n 0 1 ~ o ~ i O J •- p ti p L ~. C~ o IL ~ o n ~ D II ~ N O 1 01 O O~ ~- ~ _ 1 i '- li ~ > t0 cA 11 - a0 ~O X O~ ~ I- ~' Z 11 Bch H O 1 1 M O M O ~ ~ 010 > ~ D 11 Z 11 -.~ -0~ D 11 OM WO ~N ~~ LL 11 C~ tAM W 1 U H III 11H Nr' ZII 011W~ D 2111 ~N CL II WM H II3o ZII O 1 1 t11 r' 111 ~- ~~ I 3 0 W Y W 111A to 1''110 p W II 1 ~^ ~ ~ ~ Q 3 K F-Ilz = JIIQ J ~ OII CC IIQ r- ~ F- f Y 11 1 1 Q 11 > Q r 1 CC 0 Z trI1F- H 011 Z O JQ ~ ZIIZ ZIIC~ 1 1 W m O O E~~f ~ ~IIV ~ W a: F- Ilf E f IIC~ H tAllO W ID zll ~ =J z =xQ U J a> W II WO WD } II F•-O F-O Z II HO C70 X 11 ZO U II CCO Z ~ J O II CCO ~N F- II SI`• F-111 li II Za0 zM 4. it map \II ZO 1 QF' UO QQQ UUaO W E U\ UN fit tL~ W~ C'1 II N~ Z~ J II W~ ~~ Wit-~ - W 11 S~ ~ J W W D O 1 p CC H II X ~O X r' W II M -1~ F- 11 F- O~ W ao fN J 11 Z a0 CO1100~ f- II OC ~ Q11 N Q ff- Q dIIQ~ Q~ IIG~ ~ ZIIZM W fN _ ~ ' y }x f11F-~ F-01 VIIF-M CC \11 X11 rn11~ > UUC 1 ZZ ZQ ~ HN ~ ~ II ~ ~ Q II O p H I a W Ii w Z Z J m ~ w 11 a a U o011a0 o C Q I II JIIH 1- O ~ XII W IIW W IQ O Q OIIF- W IIO a >K _ W Qlil- F- OII 11W Q > JI UIIS J ZIIE SIIOC Z ~ ~ O to Hllf f p N s ~ U4 S. n ~~~" ~..~..~ ;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--~ .:~ -:w: ---~ '~- ~: -~. ~_.,_ ~_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. --- - . ~~~~ ~, _. , _ ~ Ch _-": .' CL= '_~ L.1.~ ` v ~_ ~_ -~ '~ C. ~ _. g....._ ..L tl _ ~ ~- ~,. ~~~~ 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 ~ '~