HomeMy WebLinkAbout12-10-12 (2)INVENTORY
REGISTER OF WILLS OF ~ifMRF.u1.aNn COUNTY, PENNSYLVANIA
COMMONW8A1:1'H OF PENNSYLVANIA ~ SS
couNTVOr CUMBERLAND
File Number 21-11-0863
Personal Representative(s)oftheEstateof ROBERT W. MILLER, SR.
deceased, deposes} and say(s) that the items appearing in the following inventory include all ofthe personal assets wherever situate
and al I of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said
inventory represents its fair value as of the date of the decedent's death, and that Decedent owned no real estate outside of the
Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory.
I verify that the statements made in this Inven- ~,r,~~~ <ti}-~r~r~~~
tory are true and correct. 1 understand that false state- ----c ~~YJs~L
ments herein are made subject to the penalties of
] 8 Pa.C.S. § 4904 relating to unsworn falsification to ~/r
authorities. /yr /J'/i'"I
Attorney -- (Name) MATTHEW M . HAA~~~~~~ ~~ ~~~ (Supreme Court LD. No.) -
(Address) SAUL EWING LLP 2 NORT 2ND STREET, 7TH FLOOR
HARR A
(Telephone) 7i-7 - 2~ 7 - 7 ~ 4
DATE OF DEATH LAST RESIDENCE DECEDENT'S SOC. SEC. NO,
07/27/2011 22 LOIS LANE, MECHANICSBURG, PA !&)~ !­-38-6042
FIGURES MUST BE TOTALEll
SEE SCHEDULE D $10,000.00
SEE SCHEDULE E ~ 6,002.00
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(Attaelr additional sleeets as needed)
16,002.
NOTE. The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative include the value of each
item, but such figures should not be extended into the total of the Ltventory. (See 20 Pa. C.S. ~ 330!(bJ)
Form RW-09 rev. 10.13.06
REV-1507 F.X+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE D
MORTGAGES & NOTES
RECEIVABLE
ESTATE OF FILE NUMBER
Robert w. Miller, Sr. 21-11-0863
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
(If more space is needed, insert additional sheets of the same size)
PRONIISSORY NOTE
$10,000.00
Mechanicsburg, Pennsylvania
January 28, 2011
FOR VALUE RECEIVED, BUONOPANE SPECIALTIES, LLC by SHERRY
BUONOPANE, PRESIDENT and SHERRY BUONOPANE, INDIVIDUALLY (the
"Maker"), hereby promises from and after the date hereof to pay to the order of ROBERT W.
MQ.LER, SR, his successors or assigns (the "Noteholder"), at 22 Lois Lane, Mechanicsburg,
Pennsylvania 17050, the principal sum of Ten Thousand Dollars ($10,000.00) (the "Principal
Sum"), with accrued interest of Six Percent (6.0%) per annum (the "Interest Rate") on the basis of a
365-day year, from the date hereof until the Principal Sum is paid in full in accordance with the
following.
1. Reuayment of Principal Sum and Interest. The Principal Sum shall be repaid by the
Maker in monthly payments as follows: All payments shall be paid directly to 22 Lois Lane,
Mechanicsburg, Pennsylvania 17050 until the outstanding balance of Ten Thousand Dollars
($10,000.00) owed by Noteholder to Robert Miller, Sr., is fully paid. The first such monthly
payment of Five Hundred Dollars ($500.00) shall be due and payable on July 28, 2011, and an
installment of Five Hundred Dollars ($500.00) shall be paid monthly on the same day of each
month thereafter for twenty (20) months. Unless accelerated, this Note shall mature, and the
Principal Sum and all other fees and charges due hereunder shall be due and payable on February
28, 2013.
2. Late Fee. The Maker promises to pay, at the option of the Noteholder, a "late fee"
equal to ten percent (10.0%) of any payment required by this Note, if such payment is made more
than ten (10) days after the due date thereof. Such "late fee", if not~previously paid, shall, at the
option of the Noteholder, be added to and become part of the next succeeding payment to be made
under this Note.
3. Application of Payments. All payments or prepayments made hereunder shall be
applied first to the payment of any accrued and unpaid late fees or penalties due hereunder, then to
accrued and unpaid interest, and then to the Principal Sum.
4. Prepayment. The Maker may prepay this Note in whole or in part, from time to time
without premium or penalty provided that any prepayment shall be made on the 28~' day of a
calendar month and shall be in an amount not less than Five Hundred Dollars ($500.00). Any
prepayment shall be applied to the installment payments due hereunder in the inverse order of when
they are due. The monthly payments shall not be recalculated in the event of a prepayment, and a
prepayment shall result in an earlier maturity date of this note.
5. Representations and Warranties. To induce the Noteholder to accept this Note, the
Maker hereby represents and warrants to the Noteholder that:
a This Note constitutes the legal, valid and binding obligation of the Maker,
enforceable against it in accordance with the terms hereof;
b. There aze no actions, suits or proceedings pending or, to the knowledge of
the Maker, threatened before any court, arbitrator or governmental authority that would prevent the
execution or delivery of this Note or that might materially affect the financial condition of the
Maker, or the ability of the Maker to pay and perform the obligations hereunder; and
c. The execution, delivery or performance of the terms of this Note will not
violate, conflict with, be prevented by, result in a breach of or constitute a default under any (1)
provision of any existing mortgage, deed of trust, contract, lease, security agreement, indenture or
other agreement binding on the Maker or affecting any of its property, or (2) law, order of court or
governmental authority binding upon the Maker.
6. Maker's Covenants. The Maker shall, at its expense, give prompt written notice to
the Noteholder, with a full description of all litigation and of all proceedings affecting the Maker
before any court, azbitrator or any governmental authority which, ~if adversely decided, might
materially affect the financial condition of the Maker or the Maker's ability to perform its
obligations hereunder. If Maker is sold to another company, this Note shall become due and
payable in full at the time of settlement.
7. Default. The Maker shall be in default hereunder ("Default") if:
a It fails to (1) make any payment due hereunder or under this Note within
fifteen (15) days after the same shall have become due, or (2) perform or observe in a timely
fashion any other covenant, condition or agreement to be performed or observed by it hereunder,
and such failure shall continue unremedied for a period of thirty (30) days after the eazlier of the
Maker's actual knowledge or the Noteholder's written notice thereof to the Maker; or
b. The Maker causes or suffers the commencement of any voluntary or
involuntary bankruptcy or insolvency case or proceeding against the Maker, and if involuntary, such
case is not dismissed within sixty (60) days, or consents to or suffers the appointment of, or taking
possession by, a custodian, receiver, trustee or other officer with similaz powers with respect to the
Maker.
8. Remedies. Upon the occurrence of a Default and in every such event, the
Noteholder may, at their sole option, declaze this Note to be in default and, at any time thereafter,
may do any one or more of the following, all of which are hereby authorized by the Maker:
a. Exercise any and all of the rights and remedies under the Pennsylvania
Uniform Commercial Code or other laws;
2
b. Declare the Principal Sum, together with all other charges and fees due
hereunder to be immediately due and payable without presentment, demand, protest or notice of any
kind, all of which are hereby expressly waived by the Maker; and
c. Exercise any other right or remedy available to it under this Note or
applicable law, or proceed by appropriate court action to enforce the terms thereof or to recover
damages for the breach thereof or to rescind this Note in whole or in part.
9. Remedies Cumulative. Each right, power and remedy of the Noteholder as provided
for in this Note, or now or hereafter existing under any applicable law or otherwise shall be
cumulative and concurrent and shall be in addition to every other right, power or remedy provided
for in this Note or now or hereafter existing under any applicable law, and the exercise or beginning
of the exercise by the Noteholder of any one or more of such rights, powers or remedies shall not
preclude the simultaneous or later exercise by the Noteholder of any or all such other rights, powers
or remedies.
10. No Waiver by Noteholder. No failure or delay by the Noteholder to insist upon the
strict performance of any term of this Note shall wnstitute a waiver of any term, condition, or
covenant, or of any breach, or preclude the Noteholder from exercising any of their rights at any
later time or times. By accepting payment after the due date of any amount payable under the terms
of this Note, the Noteholder shall not be deemed to waive the right either to require prompt
payment when due of all other amounts payable under the terms of this Note or to declare a Default
for the failure to effect such prompt payment of any such other amount. No course of dealing or
conduct shall be effective to amend, modify, waive, release or change any provisions of this Note.
11. Waivers of Defense. The Maker waives presentment, protest and demand, notice of
acceleration, notice of protest, notice of demand, notice of dishonor and notice of non-payment of
this Note. The Noteholder, without prejudice to any of their rights under this Note, may grant
extensions, renewals or indulgences with respect to any portion or all of the obligations hereunder.
12. Confession of Judgment. Upon the occurrence of an Event of Default under this
Note, the Maker hereby authorizes and empowers the clerk of court or any attorney of any
court of competent jurisdiction within the United States desigtuated by the Noteholder to
appear at any time thereafter for the Maker in any court of competent jurisdiction within the
United States or before any clerk or other officer thereof in one or more proceedings and to
confess judgment or judgments against the Maker without a prior hearing, in favor of the
Noteholder for an amount equal to the Principal Sum plus all other amounts due hereunder,
together with costs of suit and reasonable attorneys' fees. The authority and power to confess
judgment conferred hereby shall not be exhausted by one or more exercises thereof, or by an
imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant
thereto.. Such authority and power may be exercised on one or more occasions, from time to
time, in the same or different jurisdictions, as often as the Noteholder shall deem necessary or
desirable for all of which this Note shall be a sufficient warrant. .
3
13. General Waiver. The Maker hereby waives and releases, to the extent permitted by
law, all errors and all right of exemption, appeal, stay of execution, inquisition and extension upon
any levy on real estate or personal property, and all other rights to which the Maker may otherwise
be entitled under the laws of the United States or of any state or possession of the United States
now in force or which may hereafter be enacted.
14. Commercial Loan. The Maker acknowledges and warrants that the debt evidenced
by this Promissory Note is a "commercial loan". The Maker warrants that all loan proceeds will be
used solely to acquire or carry on a business or commercial enterprise.
15. Further Assurances. The Maker shall promptly and duly execute and deliver to the
Noteholder such further documents and take such further action as the Noteholder may from time to
time reasonably request in order to carry out the intent and purpose of this Note and to establish and
protect the rights and remedies created or intended to be created ~ in favor of the Noteholder
hereunder, including, but not limited to, the execution and delivery of any financing statements or
other documents.
16. Expenses. The Maker promises to pay to the Noteholder, on demand by the
Noteholder, all costs and expenses actually incurred by the Noteholder in connection with the
collection and enforcement of this Note, including, without limitation, attorneys' fees of 10.0% of
the sum collected, and expenses and all court costs, whether or not proceedings are brought.
17. Notices. All notices (excluding billings and communications in the ordinary course
of business) hereunder shall be in writing, and shall be deemed to have been given and received on
the date delivered by hand, on the date delivered to a commercial overnight courier or deposited in
the United States mail, certified mail, postage prepaid, return-receipt requested, addressed to the
Noteholder at the address provided in the first paragraph hereof and to the Maker at the address
stated below the Maker's signature or at such other address as any party shall from time to time
designate in writing to the other party.
1$. Successors and Assigns. This Note shall inure to the benefit of and bind the parties,
their trustees, successors and assigns.
19. Miscellaneous.
a. Time is of the essence with regazd to this Note and the performance of each
of the covenants and agreements contained herein. .
b. This Note constitutes the entire agreement between the parties with respect
to the subject matter hereof. Neither this Note, nor any term, condition, covenant or agreement
hereof may be changed, waived, discharged or terminated orally, except by an instrument in writing
4
signed by the party against whom enforcement of the change, waiver, discharge or temunation is
sought.
c. The captions in this Note are for convenience of reference only and shall not
define, modify, explain, enlarge, or limit any of the terms or provisions hereof.
d. In no event whatsoever shall the amount of interest paid or agreed to be paid
to the Noteholder pursuant to this Note exceed the highest lawful rate of interest permissible under
applicable law. If, from any circumstances whatsoever, fulfillment of any provision of this Note
and any other loan documents between the parties shall involve exceeding the lawful rate of interest
which a court of competent jurisdiction may deem applicable hereto, then ipso facto, the obligation
to be fulfilled shall be reduced to the highest lawful rate of interest pernussible under such law and
if, for any reason whatsoever, the Noteholder shall receive, as interest, an amount which would be
deemed unlawful under such applicable law, such interest shall be applied to the Principal Amount
(whether or not due and payable), and not to the payment of interest, or refunded to Maker if such
Principal Amount has been paid in full.
e. Every provision of this Note is intended to be severable. If any term or
provision hereof is declared by a court of competent jurisdiction to be illegal, invalid, or
unenforceable for any reason whatsoever, such illegality, invalidity, or unenforceability shall not
affect the balance of the terms and provisions hereof, which terms and provisions shall remain
binding and enforceable.
20. Govemin~ Law: Jurisdiction. This Note and the rights and obligations of the parties
hereunder shall, in all respects, be governed by, and construed in accordance with, the laws of the
Commonwealth of Pennsylvania. The parties agree that any action or proceeding arising out of or
relating to this Note shall be commenced in Pennsylvania or Federal court of competent jurisdicton
and each party submits to the jurisdiction of such court.
5
IN WITNESS WHEREOF, the Maker has executed this Note, under seal, as of the day and
year first written above.
WITNESS:
MAKER:
1 `~ "~
By: ~sEAL)
(Print Name O e
(Title) Pre iden
(Address)
WITNESS:
~~
~ G/`^/ B
i /~'~
6
MAKER:
BUONOPANE SPECIALTIES, LLC
~ ~~tize~s E~ar~k
PO Box 7000
ROP-450
Providence RI 02940
,` `'' ~ ~2 ~ tl1«'~
O Of 2
Beginning August 11, 2011
through September 13, 2011
AB 01 019953 62926 B 79 B
~"I'11111'I~I'~~II'II'I~I~I~~Irrl~l~rrl~ll~l~~r~~'I~I'III"II~'I
BOB W MILLER
DBA SPECIALTY CAKES BY BOB MILLER
TAX ACCOUNT
5246 SIMPSON FERRY RD
MECHANICSBURG PA 17050-3514
Commercial Checking ll S 1 0 2
SUMMARY
Balance Calculation
Previous Balance 4.94
Checks .00 -
Debits 2.00 -
Deposits & Credits .00 +
Current Balance 2.94 =
You can waive the monthly maintenance fee of $9.99 by maintaining an average daily balance in
your account of $2,000 or making 5 qualifying transactions.
Your average daily balance this statement period is $3
Your number of qualifying transactions this statement period is 0
BOB W MILLER
DBA SPECIALTY CAKES BY 608 MIL
TAX ACCOUNT
Business Green Checking
XXXXXXX243-5
Previous Balance
TRANSACTION DETAILS
Debits
Other Debits
Date Amount Description
09/13 2.00 Service Charge (1~
Paper Statementt ee
Daily Balance
Date Balance Date Balance Date
09/13 2.94
Balance
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4.94
n Total Debits
2.00
n Current Balance
2.94
Member FDIC Q Equal Hoesiig Le~Mer
Miller, Maronetta F.
From: David Martineau (DMartineau@salzmannhughes.com]
Sent: Monday, December 03, 2012 4:51 PM
To: Miller, Maronetta F.
Subject: RE: Estate of Robert Miller
Thanks
I'll have the check out to you this week.
~1~nuid_7f. Martircea~~, Esquire
SALZMANN HUGHES, P. C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Fax: (717) 249-7334
Notice: This communication, including attachments, may contain information that is confidential and protected by the
attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated
recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this
communication in error, please notify the sender immediately by return e-mail and promptly delete this a-mail, including
attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the
intended recipient(s) is not a waiver of any attorney/client or other privilege.
From: Miller, Maronetta F. [mailto:MMiller@saul.com]
Sent: Monday, December 03, 2012 4:45 PM
To: David Martineau
Cc: Haar, Matthew M.
Subject: RE: Estate of Robert Miller
Mr. Martineau, Thank you for taking my call today. 1 understand you. are holding $5,000 iu escrow and it was
to be released. upon delivery to you of the Clearance Certificates which I understand you now have. Will you
kindly forward the check payable to Saul Ewing Li,P, attorney for the Estate of Robert W. Miller, Sr. and send
the check to my attention.
Any further questions please let me know. "Thank }you.
Maronetta F. Miller, Legal Assistant
Saul Gwing LLP
2 North Second Street
7th Floor
Harrisburg, PA t 7101
717.257.7524 {phone)
717.257.7588 (fa.~:)
mmiller saul.com
From: David Martineau [mailto•DMartineau salzmannhughes.com]
Sent: Monday, December 03, 2012 2:16 PM
To: Haar, Matthew M.
Subject: RE: Estate of Robert Miller
Are you still representing this estate?
I have some escrow money that was held as part of a business sale that is now to be released to the estate.
~1~ar~icfff: Martineau, Esquire
SALZMANN HUGHES, P. C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717)249-6333
Fax: (717)249-7334
Notice: This communication, including attachments, may contain information that is confidential and protected by the
attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated
recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this
communication in error, please notify the sender immediately by return a-mail and promptly delete this e-mail, including
attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the
intended recipient(s) is not a waiver of any attorney/client or other privilege.
REV-1508 EX+ (08-12)
~`~i Pennsylvania
!i7 DEPARTMENT OF REVENUE
INHERITANCE TA% RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS & MISC.
PERSONAL PROPERTY
ESTATE OF: FILE NUMBER:
Robert W. Miller, Sr. 21-11-0863
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly owned with right of survivorship must be disclosed on Schedule i'.
If more space is needed, use additional sheets of paper of the same size.