HomeMy WebLinkAbout04-1049 PETITION FOR PROBATE and GRANT OF LETTERS
also known as To:
Register of Wills for the
Deceased. County of C~be-~-[~nd~ in the
Social Security No. ~o~ - 3 2_-0q0~ CommonwealthofPennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut O~ named
in the last will of the above decedent, dated ~ a~t4~/- ~ , ~, z_oe ~
and codicil(s) dated
Decendent was domiciled at death in ~)~ ,,/i 5 County, ~, with
h ~r" last family or principal residence at ~t/~ ~o~fft~ ~:~o ~sr ~, ~
(list street, number and muncipality)
Decend~nt, the~ 61 years of age, died g~be~ ] 7i , ~ 2a0~
ExcePt as follows, decedent did not mariy,~as no/ t ~vor~ed and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All person~ prope~y $ ~ ,0 ~
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Person~ property in County $
V~ue of real estate in Pennsylv~ia $ ~, ~, ~
WHEREFO~, petitioner(s) res~ctfully request(s) the probate of the last will ~d codicil(s)
presented herewith ~d the grant of l~ters,
theron. (testamentary; administration c.t.a,; administration d.b.n.c.t.a.)
OATH OF PERSONAL REPRESENTATIVE '
CO ONWEALTH OF PENNSYLVANIA 3
COUNTY OF C', ~~ f ss
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that ~ personal represen-
Sworn to or affirmed and subscribed ~ ~~~ ~
before me this ']~k' day of / ~ / /~ ~'
Estate 0f'--~,o-v,.e._ X-X'M~.,. k"NrXa~ ]'TIo-qub';, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~tSX/ , ~."~ 2(5~ ~ , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT tS DECREED that thc instrument(s) dated
described therein be admitted to probate and filed of record as the last will of
~d Letters ~',
are hereby granted to
Register of ~ill~ ~, ~-~ ~
Probate, Letters, Etc .......... $(-~)' ~ ~2-p~/,~,,/~ e ~ ~3 ?0 ~
Shon Cenificates(~) .......... $ q .~ A~ORNaY (Sap. Ct. L2. No.)
FU~d /~- ~2 :. ~.~ ............... ~ ff~o~
BEAN & SMEDLEY I NOV - § 200
David E. Bean (0253) L SECOND
Attorney for Petitioner DISTHICT COUHT
190 South Fort Lane, #2
La,on, Utah 84041
Telephone: (801) 544-4221
Fax: (801) 547-1316
1N THE SECOND JUDICIAL DISTRICT COURT OF DAVIS COUNTY
STATE OF UTAH
Ln the Matter of the LETTERS TESTAMENTARY
Estate of
DIANE MARIE MATHIAS MUTH,
Deceased. Probate No. 0 q~ 7 019~-3¢q
MORGAN T. MUTH was duly appointed and qualified as general Personal representative
of the estate of the above named decedent on the I.~ day of~,
2004, by the Court, with all authority pertaining thereto. Administration of the estate is
unsupervised.
These Letters are issued to evidence the appointment, qualification, and authority of the
said personal representative.
WITNESS, my signature and the Seal of this Court, this S~X _ day of
AL¥SON E. BROWN
STATE 0F UZ?.q Clerk or Registrar of the Court
COUNW O~ OA'¢,S }
I H~TSY CERTIP¢ TH;4 TH!S S A TRUE COPY OF THE~ ~,~, OF (~~
...... S I A I E OF UTAH - DEPARTMEN f OF HEALTH
................. CERTIFICATE OF DEATH
....... to¢~ ~LE"UM"E" 29-- 1127--04
Diane Marie Mathias MUTH I FemalelSeptember 17,2004I 1200
August 23, 1943 61 / E"~'/"°'/ ...... ~ Harrisburg, PA , 206-32-0903
~ ~E~.,~, []3~ ~.~. ~ Ogden Regional Hospital
Ogden ~ Weber ~ None
' ~., X~"* ~.~ ~ Elementary Teacher Education
545 s. 85o E. _ ....... m Laytonm Davis ) Utah
~ ~ .o,; 84041 )~ ~ ~ ,~(s~) White ) -16-
~ ,
~ Lester Benjamin Mathias Jr. i Frances Margaret Jane Beck
~ Morgan Thomas Muth/son/ Box 65 Carlisle, PA 17013
~ ~=~ X!.~. ,]],c~],~.,iSep. 24. 2004 mGardens Cemetery Harrisburg, PA
~,2~ E~, ~""~m~'"~'--~'~"'o"~L ~" 1867 NO. Fairfield Rd.
Layton, Utah 84041
Sep 17.~ 2004 _ _lM~ .. ~0 o~v
Adhish Aga~all M.D., 425 E, 5350 So. ~3200gden, Utah 84405
~ SIP ~0~ ~004
I
This is to certify that this is a true copy of the certificate on file in this office. This certified copy is issued
under a~hority of ~tion 26-2-22 of the Utah Code Annotated, 1953 As Amended.
SEP 2 0 2~4
~ Barry ~.
DIRECTOR OF vITAL RECORDS
Registrar
mi Imm Il Imm mi mi il Il 11
*01120609*
LAST WILL AND TESTAMENT
DIANE M. MATHIAS-MUTH
I, Diane M. Mathias-Muth, of Cumberland County, Pennsylvanial being of
sound and disposing mind, memory and understanding, do hereby make, publish and
declare this as and for my Last Will and Testament, hereby revoking all other wills and
codicils heretofore made by me.
FIRST
I direct the payment of my debts and the expenses of my last illness and
funeral from my estate as soon after my death as conveniently may be done.
SECOND
I may identify in a subsequent writing the disposition of certain items of
personal property and it is my direction to my Executors to follow those instructions. If
my son Morgan does not wish to keep a family heirloom of mine, I direct that he offer it
for sale to members of my family at the fair market value, or less as he solely may
determine.
THIRD
All the rest, residue and remainder of my estate, real, personal or mixed
wherever situate, I give, devise and bequeath to my son, Morgan Thomas Muth, per
stirpes. Should my son predecease me and leave no surviving issue, I give my entire
estate to my nieces and nephews living at the time of my death.
FOURTH
I nominate, constitute and appoint Morgan Thomas Muth as Executor of this my
Last Will and Testament. In the event Morgan Thomas Muth is unable to serve as my
executor, I appoint my sister, Clare Elizabeth Mathias as my alternate Executrix. I
relieve my personal representative from the necessity of posting security in connection
with his duties as such in any jurisdiction in which he may be called upon to act insofar
as I am able by law to do so.
FIFTH
In addition to the powers conferred by law, I authorize my Executor in
his/her absolute discretion:
A. To retain in the form received, and to sell either at public or private
sale any real or personal property.
B. To manage real estate.
C. To invest and reinvest in all forms of property without being confined
to legal investments, and without regard to the principal of diversification.
D. To exercise any option or rights arising from ownership of
investments.
E. To compromise claims without court approval, and without the consent
of any beneficiary.
SIXTH
This Will shall be interpreted pursuant to the laws of the Commonwealth
of Pennsylvania where it was prepared and executed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this,
my Last Will and Testament, consisting of two (2) typewritten pages, the first page
which bears my signature in the margin for the purpose of identification, this the (?day
of/~, 2003.
Diane M. Mathias-Muth
Signed, sealed, published and declared by the above named testatrix Diane M.
Mathias-Muth, as and for her Last Will and Testament, in the presence of us, who, at
her request, in her sight and presence, and in the sight and presence of each other,
have hereunto subscribed our names as witnesses.
"~'~~ ADDRESS ~r~, ~"'~'~'
COMMONVVEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, Diane M. aathias~Uuth, ~l.i~t~ff..IO~E-~'u~{~-~a~l- 'l'~';t~¢~, 6.
the testatrix and the witnesses, respectively, whose names are signed to the a~ached
or foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the testatrix signed and executed the instrument of her Last Will, and that
she signed willingly and that she executed as her free and volunta~ act for the
purposes therein expressed, and that each of the witnesses, in the presence and
hearing of the testatrix, signed the ~11 as witnesses, and that to the best of their
knowledge, the testatrix was at the time eighteen (18) years of age or older, of sOund
mind and under no constraint or undue influence.
Sworn to and subscribed before me this ~ day of~ , 2003.
~ ~ KEITH VAN ME~EREN
State of Uta~
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Diane Marie Mathias Muth, deceased
Date of Death: September 17, 2004
Admin. No.: 2004-01049 PA No. 21-04-1049
To the Register:
i certify that notice of beneficial interest required by
Rule 5.6(a) of the Orphans' Court Rules was served on or mailed
the following beneficiaries of the above-captioned estate:
Name Address Date
Morgan Thomas Muth 1506 Terrace Avenue 11/18/04
Carlisle, PA 17013
Notice has now been given to all persons entitled thereto under
Signature
Name Gregory R. Reed
Address 3120 Parkview Lane
Harrisburg, PA 17112
Telephone (717) 238-0434
~ X Counsel for personal
~ representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE REV-1162 EX(11 96)
BUREAU OF ~NDIVIDUA~. TAXES
DEFT 280601
HARRISBURG, PA 17128 0601
PENNSYLVANIA
RECEIVED FROM: INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO. CD 004725
MUTH MORGAN THOMAS
BOX 65 1506 TERRACE AVE
CARLISLE, PA 17013
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
.... fold
101 $1,713.17
I ESTATE INFORMATION: SSN: 206-320903
FILE NUMBER: 2104- 1 049
DECEDENT NAME: MUTH DIANE MARIE MATHIA:
DATE OF PAYMENT: 1 2/1 3/2004
POSTMARK DATE: 1 2/1 3/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 09/1 7/2004
TOTAL AMOUNT PAID: $1,713.17
REMARKS:
CHECK//110
INITIALS: JA
SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
Gregory R. Reed
Attorney At Law
3120 Parkview Lane
Harrisburg, Pennsylvania 17111
Phone: (717) 238-0434 * Fax: (717) 238-8469
e-mail: lawo ftice(L~epix.net
January 3, 2005
Glenda F. Strausbaug
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, IDA 17013-3387
Re: Diane Marie Mathias Muth, deceased
File No. 04-1049
Dear Ms. Strausbaug:
Enclosed find check no. 8577 in the amount of $18.00. The check is for $15.00
for the filing fee for the NonResident Decedent inheritance tax return and $3.00 for the
NonResident Decedent Affidavit of Domicile for the above referred to estate.
Very truly yours,
Gregory R. Reed
Enclosure
' --- ~.~
REV-1;'37-A EX (9-00)
FILE ;,HIS RETURN WITH:
COMMONWEALTH OF REV- 1 7 3 7-A
PENNSYLVANIA
DEPARTMENT OF REVENUE INHERITANCE TAX RETURN F,LE NUMBER
DEPT. 280601 ¢ 2-- 04 1049
HARRISBURG, PA 17128-0601NONRESIDENT DECEDENT COUNTYOODE YEAR NUMBER
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
Z Muth Mathias Diane Marie 206-32-0903
LU DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
LU 09/17/2004 08/23/1943
LU (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
w F~i. Original Return [] 2. Supplemental Return [] 3. Remainder Return (dale o, death prior ~o 12-13-S2)
~ -~ [] 4. Limited Estate [] 4a. Future interest Compromise Idata o, death after 12-12-82) [] 5. Federal Estate Tax Return Required
~ ~ [] 6. Decedent Died Testate (Attach copy of Will) [] 7. Decedent Maintained a Living Trust (Attach copy of Trust) 8. Total Number of Safe Deposit Boxes
n
< [] 9. Litigation Proceeds Received [] 10. Spousal Poverty Credit (date ofdeath bet .... 12-31-91 and 1-1-95) [] 11. Election to tax under Sec. 9113(A)(Attach Sch O)
~_ THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Z
,,, NAME COMPLETE MAILING ADDRESS
z Gregory R. Reed, Esquire
o 3120 Parkview Lane
'" FIRM NAME (IfApplicable)
,,,~ Harrisburg, PA 17111
TELEPHONE NUMBER
0
(717) 238-0434
REFER TO METHOD OF COMPUTATION IN THE NONRESIDENT DECEDENT INSTRUCTION BOOKLET (REV-1736)
METHOE
Check One: [] Flat Rate [] Proportionate (Complete Worksheet on Reverse Side)
1. Real Estate (Schedule A) (1) 42,495.00
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
(Schedule C)
4. Modgages & Notes Receivable (Schedule D) (4) !.~ =~; r'-- ~ . (2;;)
"
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
Z (Schedule E) ,':.~
0 '-" '~-'~ ~ -0 --~ '-'r~
6. Jointly Owned Property (Schedule F) (6) '-._TZ_ '-' r'l~ ..~-~ ~-~
.,,.,J [] Separate Billing Requested
~) 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
I'"' (Schedule G or L)
'<~ 8. Total Gross Assets (total Lines 1-7) (8) 42,495.00
LL~ 9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 2,420.99
11. Total Deductions (total Lines 9 & 10) (11) 2,420.99
12. Net Value of Estate (Line 8 minus Line 11) (12) 40,074.01
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been (13) 0.00
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 40,074.01
LO '
tY Z SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
~..~. O 15. Amount of Line 14 taxable at the spousal tax
~" rate, or transfers under Sec. 9116 (a)(1.2) x .0 __ (15)
_ 16. Amount of Line 14 taxable at lineal rate
40,074.01
1,803.33
X
(16)
~ ~ 17. Amount of Line 14 taxable at sibling rate x .12 (17)
f~(.~ 18, Amount of Line 14 taxable at collateral rate x .15 (18)
¢1' 19 Tax Due- Make check payable to Commonwealth of PA (19) 1,803.33
.c~ 20, []
> > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < <
SCHEDULE "A"
REAL ESTATE
ESTATE OF: FILE NO. 2004-01049
DIANE MARIE MATHIAS MUTH
ITEM DESCRIPTION VALUE AT
DEATH
NUMBER
1. 1506 Terrace Avenue, Carlisle, PA $ 42,495.00*
ALL THAT CERTAIN lot or piece of ground situate in the 3rd Ward of the Borough of
Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a
survey made by Gerrit J. Betz, R.S., dated June 11, 1975, as follows, to wit:
BEGINNING at a point on the southerly side of Terrace Avenue, said point being located
286.88 feet West of the southwest corner of Terrace Avenue and the proposed Valley
Street Exit; thence along the remainder of Lot No. 75 on the hereinafter mentioned plan
of lots, lands now or late of Lee E. Berry, South 25 degrees 30 minutes East, a distance of
117 feet to a point; thence along lands now or late of Israel G. Royer, South 63 degrees
49 minutes West, a distance of 94.50 feet to a point; thence along the remainder of Lot
NO. 76 on the hereinafter mentioned plan of lots, land belonging now or late of Ronald
L. Curry, North 25 degrees 30 seconds West, a distance of 118 feet to a point on the
southerly side of Terrace Avenue; thence along the same North 64 degrees 30 minutes
East, a distance of 94.50 feet to a point, the place of Beginning.
Having thereon erected a frame ranch dwelling, known and numbered as 1506 Terrace
Avenue, Carlisle, Pennsylvania.
Also being the western 36 feet of Lot No. 75 and the eastern 58.50 feet of Lot No. 76 on
Plan of Valley Meadows, recorded in right of way Plan Book 1, page 81, Cumberland
County Records.
(See attached tax assessment from Cumberland County Tax Assessment Office, marked
Exhibit "1" and incorporated herein by reference.)
*Total value $84,900.00. Decedent owned a one-half (1/2) interest as a tenant in
common with Albert H. Muth, her former husband, from who she was divorced.
SCHEDULE 'T'
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES AND LIENS
ESTATE OF: FILE NO. 2004-01049
DIANE MARIE MATHIAS MUTH
ITEM VALUE OF DATE
NUMBER DESCRIPTION OF DEATH
1. Satisfaction of Chase Home Finance - Loan #2014339295 $ 2,420.99
(See copy of Statement for Loan #2014339295 attached
hereto marked Exhibit "2" and incorporated herein by
reference).
SCHEDULE "J"
BENEFICIARIES
ESTATE OF: FILE NO. 2004-01049
DIANE MARIE MATHIAS MUTH
ITEM NAME AND ADDRESS AMOUNT OR
NUMBER OF BENEFICIARY RELATIONSHIP SHARE OF
ESTATE
A. Taxable Bequests:
1. Morgan Thomas Muth Son Residue of
1506 Terrace Avenue Estate
Carlisle, PA 17013
B. Charitable and Governmental Bequests:
None
~ FacetWin.Screen Print for assess01, from "CAMA_Login" 12/10/2004 10:44:50 AM
CUMBERLAND COUNTY ASSESSMENT OFFICE
NEIGHBORHOOD: 724 CONTROL # 50000219
DISTRICT: 50 - CARLISLE 3RD WARD AMX SD: 3 PARCEL: 50-21-0326-135.
~ SPEC ID: LOT: L-0075 +
~--] Tback:
Short Name : MUTH, ALBERT H & DIANE M ~
LAST NAME : MUTH : I I PROPERTY TYPE: R
FIRST NAME : ALBERT H & DIANE M !
C/O NAME : [ SALES
ADDRESS1 : 1506 TERRACE AVENUE I DEED BK/PG ..... 0027M-00572
ADDRESS2 : I DATE OF SALE...10/31/1977
POST OFFICE: CARLISLE I SELLING PRICE: 34000
STATE & ZIP: PA 17013
]
Situs: 1506 TERRACE AVENUE I .CURRENT VALUES
Prop Descrip.: J Assessed Fair Market
LAND DESC: WESTERN 36 FT OF LT 75 & 58.50 FMV - 84990 L - 20350
LAND USE TYPE: 101 C&G - B - 64640
DEEDED ACRES: .25 approved? -> T - 84990
Screen 1 Enter Selection > Record: 86405
Number -Switch Screens, X -Exit, J -Jump Mode, F -Forms, I -Image
Down Arrow -Next Entry, Up Arrow -Previous Entry, ? -Screens, B -Browse
EXHIBIT ":1"
THE RIGHT RELATIONSHIP IS EVERYTHING.® Loan Number: 2014339295
Customer Care Phone: 1-800-848-9!36 Statement Date: 09/30/04
Please send payments ONLY to: PO BOX 830016 Payment Due Date: 10/01/04
~Ud.~MORE MO :2~.28~-oo~.~ Property Address:
Hearing Impaired (TDD): 1-800-582-O5a,2 1506 Terrace Ave, Carlisle PA 17013
e41oo! 2oas CHR~eOXP. ET200S ~ORACH 39,l&8 Loan Information:
Balances:
#BWNJCCL Principal Balance on 09/30/04 $2,420.99
#9992014339295091# 39,168 AO CC 0 Escrow Balance on 09/30/04 $219.23
Payment Factors:
Interest Rate 8.50000%
ALBERT H MUTH Principal & Interest $234.55
DIANE M MUTH Escrow Payment $147.97
1506 TERRACE AVE Optional Products $33.94
CARUSLE, PA 17013-9369 Past Due Payment $0.00
Unpaid Late Charges $O.00
I,,,lll,,,lll,,,,,,ll,,ll,l,h,,,ll,,Ih,hl.ll,,,,ll,,,I,l,I Miscellaneous Fees $0.00
Total Payment $616.~6
Year-to-Date:
Interest $221.87
Taxes $1,511.87
Principal $1,889.08
Chase Presents The Fo[lowing Opportunities To You
Please detach and return the bottom portion of this statement with your payment using the enclosed envelope.
EXHIBIT "2"
REV-1737-1 EX + (9-00)
NONRESIDENT DECEDENT
COMMONWEALTH OF PENNSYLVANIA
DE~AR~-MENTOr REVENUE AFFIDAVIT OF DOMICILE
DEPT. 280601
HARRISBURG, PA 17128~0601
This affidavit must be completed and sworn to by a person having personal knowledge of these
facts, preferably by a surviving spouse or member of the decedent's family.
Name of Decedent Date of Death
Diane Marie Mathias Muth 09/17/2004
Legal Address at Time of Death:
Street Address City/Borough State Zip Code
545 S. 850 E. Layton UT 84041
The following information is submitted in support of the statement that the above individual was
not domiciled in the Commonwealth of Pennsylvania at the date of death.
1. Names and addresses of the decedenrs surviving spouse and members of his/her immediate family:
Name and relationship to decedent
Morgan T. Muth (son)
Street Address City/Borough State Zip Code
1506 Terrace Avenue Carlisle PA 17013
Name and relationship to decedent
Street Address City/Borough State Zip Code
Name and relationship to decedent
Street Address City/Borough State Zip Code
2. Did the decedent ever live in Pennsylvania? ,1~ Yes I-] No
If yes, during what periods?
3. Did the decedent spend time in Pennsylvania during the five years preceding death ? ~ Yes [] No
If yes, during what periods and at what address?
Decedent resided at 1506 Terrace Avenue, Carlisle, PA until June of 2003 when she was divorced from her husband.
After moving to Utah in June of 2003 until her death she did not return to Pennsylvania.
4. What was the nature of decedent's places of residence during the five years immediately preceding death?
Indicate whether decedent resided in a house or apartment and whether it was rented or owned by the decedent, and/or whether decedent resided in
hotel or the home of relatives or friends.
She resided at 1506 Terrace Ave., Carlisle, PA with her husband until June of 2003. She resided from June of 2003
her death on September 17, 2004 at 545 S. 850 E., Layton, Utah with her father, sister and brother.,
5. Was the decedent employed during the five years preceding death? [] Yes ~ No ;~
If yes, list the name and address of employer(s). ' ~-'
Decedent retired in 1998 from the Steelton-Highspire School District where she was a teacher. .~- =:. rn ~
6. Did the decedent leave a will? ~ Yes ~ No
If yes, s~te the ~ud which admi~ed the will to probate, the date admi~ed, and attach a copy, including all codicils, and~'~fi~te of ~ance~
le~ers testamenta~. --,
2nd District - Farmington CouP, Davis County Utah;
Case ~043700344EI, October 21, 2004
7. If the decedent did not leave a will, has an administrator of his estate been appointed? ~ Yes ~ No
If yes, state the coud which appointed the adminisEator, the date of ap~intment, and a~ach a ce~ificate of the issuance of letters of administration.
Not Applicable
8. At any time during the last five years did the decedent execute a will, a codicil, trust indenture, deed, mortgage, lease or any other document in which
the decedent was described as a resident of Pennsylvania? [] Yes ,~] No
If yes, describe such document.
NONRESIDENT DECEDENT AFFIDAVIT OF DOMICILE (continued) Page2
9. Had the decedent paid a tax on income or on intangible property to any state, county, or municipality during the last five years?
If yes, where and when was it paid? ~ Yes [] No
Pennsylvania Income Tax for 2003.
10. To what regional office of the Internal Revenue Service did the decedent forward his Federal Income Tax returns during the last five years
preceding death?
Philadelphia, Pennsylvania
11. At the time of death, did the decedent own, individually or jointly, any interest in real property, including lease-holds or tangible personal property
located in Pennsylvania? ~ Yes [] No
If yes, describe the property in detail.
1506 Terrace Avenue, Carlisle, PA. Decedent owned a one-half (1/2) interest as a tenant in common with Albert H.
Muth, her former husband, from who she was divorced.
12. In what business activities was the decedent engaged during the last five years preceding death?
Indicate whether decedent was employed or otherwise engaged in business, and state the names and the addresses of the persons, firms or corporations
with which the decedent had such business affiliations. ( Except for employer listed in #5 )
None
of Pennsylvania?
$42,495.00 (1/2 interest in real estate)
14. At the time of death, did the decedent own or operate an automobile? ~ Yes [] No
If yes, in which state was it re~listered?
Utah
15. At the time of death, was the decedent a member of a church or any other organization ? ~ Yes [] No
If yes, provide the name and address of the church or any other organization.
Kaysville Bible Church, Kaysville, Utah
16. State the purpose or reason the decedent owned real property in Pennsylvania.
See answer to question 10 which is incorporated herein by reference.
17. Include any other information you wish to submit in support of the contention that the individual was not domiciled in Pennsylvania at the time
of death. If more space is needed, insert additional sheets of same size.
Decedent did borrow $25,000 from Bonnie Mathias. The Promissory Note shows her address as 545 S. 850 E.,
Layton, Utah and a UCC-1 was recorded with the Utah Department of Commerce to NO. 251438200437 on August 20,
2004, see a copy of Promissory Note and Acknowledgment of filing attached hereto and incorporated herein by
reference.
Name of person completing affidavit Relationship to decedent
Morgan T. Muth Son
Street Address City State Zip Code
Carlisle Carlisle PA 17013
Under penalties of perjury, I declare that based on my personal knowledge of the decedent, the
information provided on this form is true, correct and complete.
Signa~ compS, .~ Date
2nd Districn - Farmington COURT
5TAz~ OF UTAH
DAVIS COUNTY,
iN THE .MATTER OF THE ESTATE : NOTICE OF APPLICATION
W~LT
OF DIANE MARIE MATHIAS MUTH : FOR INFORMAL PROBATE OF = =
: AND
: INFORMAL APPOINTMENT OF
: PERSONAL REPRESENTATIVE
:
DECEDENT : Case: 043700344 EI
Notice is hereby given that on October 14, 2004 MUTH, MORGB~ T
filed with the registrar of this court an application for informal
probate of the decedent's will dated August 06, 2003 and for
informal appointment of MORGAN T MUTH as personal representative of
the decedent, to act without bond.
A copy of the application is on file with the clerk of the court
and may be reviewed upon request.
Afner nhe elapse of ten days from the date of this notice, if the
application is found to be complete and in compliance with the Utah
Uniform Probate Code, it will be granted.
Failure to object to the application will not affect the right of
an interested person to petition the court to set aside the
informal probate or appointment.
Reviewed by the registrar for approval on November 01, 2004.
Dated: October 21, 2004
Page 1
Case No: 043700344
Date: Oct 21, 2004
DAVID E BEAN
190 S FORT LN STE 2
LAYTON, UT 84041
(An5orney)
In compliance with the Americans with Disabilities Act, individuals
needing special accommodations (including auxiliary communicative
aids and services) during this proceeding should call Ali Holmes at
801-447-3818 at least three working days prior to the proceeding.
The general information phone number is 801-447-3800.
CERTIFICATE OF NOTiFICATiON
i certify that a copy of the attached document was sent to the
following people for case 043700344 by the method and on the date
specified.
METHOD NAME
Mail CLARE E MATHIAS
OTHER PARTY
545 SOUTH 850 EAST
LAYTON, UT 84041
Mail LESTER B III MATHIAS
OTHER PARTY
545 SOUTH 850 EAST
LAYTON UT 84041
Mail LESTER B JR MATHIAS
OTHER PARTY
545 SOUTH 850 EAST
LAYTON UT 84041
MailMORGAN T MUTH
PETITIONER
1506 TERP~ACE AVE
CARLISLE PA 17013
Mail DAVID E BEAN
ATTOP~EY PET
190 S FORT LN STE 2
_YTON UT
Dated this ,~/ day of
Page 2
Case No: 043700344
Date: Oct 21, 2004
Page 3 (last)
Glenda Farner Strasbaugh
Register of Wills
and
Clerk of Orphans' Court
Marjorie A. Wevodau First
Deputy
Ki~S.Sohonage, Esq
Solicitor
Register of Wills and Clerk of the Orphans' Court
County of Cumberland
One Courthouse Square
Carlisle, PA 17013
(717) 240-6345
FAX (717)240-7797
INVOICE
Bill To:
InvoiceNo:
Invoice Date:
Estate of:
Estate No:
GREGORY R. REED
3120 PARKVIEW LANE
HARRISBURG, PA 17111
Qty
1
Fee Description
Additional Probate
Fee
20.00
166
01/12/2005
Diane Marie Mathias Muth
21-04-1049
cop
Total
$20.00
$20.00
Total:
Checks should be made payable to the Register of Wills. Terms: Net 30.
Please return one copy of this invoice with your payment. Thank you.
BUREAU OF INDlYIDUi\L TAXES
P.O. BOX 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYL VANIA
DEPARTMENT OF REVENUE
February 16, 2005
IN YOUR REPLY PLEASE
"REFER TO:
J (717) 783-3836
GLENDA FARNER
REGISTER OF WILLS
CUMBERLAND CNTY COURTHOUSE
ONE COURTHOUSE SQ
CARLISLE PA 17013
~:
t, j
'1'1
~,_. v,",
Dear Ms. Farner:
Re: Estate of Diane M. Muth
File No.: 21-04-1049
County: Cumberland
Date of Death: September 17, 2004
The subject decedent at death legally resided outside the state of
Pennsylvania; accordingly, you are authorized to close your records for
inheritance tax purposes.
All other inheritance tax documents filed under your resident
inheritance tax number for the subject decedent (if any) should be forwarded
to this office at the address shown above. Included should be photocopies of
all receipts for collection of inheritance tax in the subject estate which
have been issued by your office.
It is not necessary to return Departmental documents forwarded to your
office under the nonresident file number as we maintain a file of all
documents forwarded for the estates.
All matters concerning this estate will be maintained under the
Pennsylvania Nonresident File Number 99-05-0048.
Thank you for your cooperation in this matter.
Sincerely I
John Murphy, Chief
Inheritance Tax Division
S-IT: INH13
02:pm:023
0'.
'1~
"'.
, ';
"-;.1" "
1'''1111''''''111'1''''1'1'11'''1/'''1/''1/''''''1/1'''111'''\
'';;ij,';~J\~ H
~'~(' :' \
,,)
6~OI- r o-Ie
f:;
r~,
/ "'.co". ,\.,
-'t. . ',~ ~ ' ~,
>." - ,.1:;. .1'
i ".~
,. . , ' .
'. -, ~
. j
,R
.,,~
t.;;
':n''''
~d :)i{':TIJ~
\f.r.'-:
::.: 1: l:lL \. s\..n.~i'::i.:J~)l::1
",r C~':'ln4.
/)
',;
PLEASE FILE lHIS REPORT WTIlIIN 1W YEARS OF DATE OF DEAllI RFX;ARDLESS OF mE SI'AWS OF 1lIE
FSrATE. IF FSrATE IS NOT <nfPI.El'ED, FTI..E A 6.12 FORM YFARLY UNITL <n1PIEITON.
STATUS REPORT UNDER RULE 6.12
Name of Decedent: [) I'a n~ (Y) ar i e. fJ1 a fh i as fYJ Ii. fh
Date of Death: Se.pte m b~(" / Z 200'-1
Will No. 2..004. () 10 4 q Admin. No. PA. No. 2/-0'1./049
Pursuant to Rule 6.12 of the Supreme Court Orphans'
Court Rules, I report the following with respect to completion of
the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes)( No
2. If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete:
J. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final
account with the Court? Yes No X
b. The separate Orphans' Court No. (if any) for
the personal representative's account is:
c. Did the personal representativ~ state an
account informally to the parties in interest? Yes No J(
d. Copies of receipts, releases, joinders and
approvals of formal or informal accounts may be filed with the
Cerk of the Orphans' Court and may be attached to this~,report.
Date. 3)s-/d:> ~
. Sigfiature
'D
C--)
c...J
Greff('~ 'R. Ree.d I Esquke.
Name Ie se type or print)
312D ~V"~vje.UJ Lane, ~a(,l'i~burj, PA 17/11
Address
I I
( ,11 23~-()43lf
Tel. No.
Capacity:
Personal Representative
~
.Counsel for personal
representative
( MAH: r'ntl / AM3 )
RW-27
'~
iN
I'
~.
~..
,
'-
'i,
3:
(,j ~ I-'
r:l
,... 0
...j H ia
0 C/l
l:" t-;l
,... t%J ~
(,j 0
't:J c::
:t" C/l
t%J
I-'
-J C/l
0 iO
I-'
W
-
-
-
-
-
-
-
r i,
"1.
,....;-
p:: l'Of
p.
H
h
,"
e> '-
"
,
;'::J
!-'-
-...,
,
(")
;),
()
,...
~ ::0 :s:
t%J C/l
G:l
tl:J H G:l
t%J C/l l:" ~
::0 t-;l t%J 1':
~ t%J ~ r
::0 ""tl
<.:0
0 ~
"l ~ .... r.'
r:l :a
0 :=;: ~ '"
H ;';;:'
r:l l:" t%J a f','
~ l:" ::0 z ~. j Z
C/l C> nT, -.'
t-;l ~ ~~
~
g i'RfSfqHF,--.
C/l ~rRST ::LA~S
t%J
F~ ,\>~\
J: l',~,.
:!: ,,-....,>'8:
~ "J
"'
"
.,
~
....
"
no
'"
=
~:;)
r--J
-...J
100
Jt.....'""~..!.
(')
..
~
'"
'"
"
DATE:
SUBJECT:
TO:
FROM:
COMMONWEALTH OF PENNSYLVANIA
DOCKETING NONRESIDENT DECEDENT
FILE INFORMATION
V\s. C, \"''''<\" \=o.,'rMr .
c:::..u'<'o,\'~v\""""'~ COUNTY REGISTER OF WILLS
John Riedman
Specialty TaxlNonresident Unit
Inheritance Tax Division
Bureau of Individual Taxes
DepananentofRevenue
,j
Attached is nonresident decedent file information concerning taxable property located in
your county.
Please docket and file the attached information so it may be available for future
reference.
Thank you.
Attachment
04-04-2005
MUTH
09-17-2004
99 05-0048
NON-RESIDENT Vi
101
A.IIOunt Re..itt.d
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
NOTICE or NONRESIDENT INHERITANCE
TAX APPRAISE~NT, ALLOMANCE OR
DISALLOMANCE.OF DEDUCTIONS,
AND ASSESSMENT OF TAX
DATE
: i!$lATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
1 ~; ,
GREGORY R REED
3120 PARKVIEW LN
HBG
'*'
REV-537EXAFP1l2-D4l
DIANE
M
PA 17111
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
PA DEPARTMENT OF REVENUE
P.O. Box 280601
HARRISBURG, PA 17128-0601
CUT ALONG THIS LINE ... RETAIN LOWER PORTION FOR YOUR RECORDS ~
REV=S!"i-EX-A'FiQ-oi:-03'j"-N'OTi-crW-NifN'RESYiiENTiNHERITANCE-TAX-APPRAYSEH'E-N'i';-A'Ci:.ifwANC-€-O'R---
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF MUTH DIANE M FILE NO. 99 05-0048 ACN 101
TAX COMPUTATION METHOD ELECTED: (X) FLAT RATE () PROPORTIONATE
TAX RETURN WAS: ( X) ACCEPTED AS FILED () CMANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule AJ
2. stocks and Bonds (Schedule J!,J
3. Closely Held stock/Partnership Interest (Schedule CJ
4. Hortgages/Notes Receivable (Schedule DJ
5. Cash/Bank Deposits/Misc. Personal Property (Schedule EJ
6. ~olntly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
ll)
(2)
(3)
(4)
(5)
(6)
{7J
42,495.00
.00
.00
.00
.00
.00
.00
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Ad... Costs/Misc. Expenses (Schedule H) (9)
10. nebts/Hortgage Liabilities/Liens (Schedule X) (10)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests (Schedule J)
14. Net Value of Estate Subject to Tax
.00
2.420.99
DATE 04-04-2005
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax paYllent.
(8)
42,495.00
Ill)
(12)
(13)
(14)
2.420.99
40.074.01
.00
40.074.01
NOTE: I~ an assessment was 1ssued prev1Dusly, lines 14, 15 and/Dr 16, 17, 18 and 19 will
reflect ~1gures that include the total D~ abh returns assessed to date.
ASSESSKENT OF TAX:
15. Allount of Line 14 at Spousal rate (15)
16. A.ount of Line 14 taxable at Lineal/Class A rat. (16)
17. Amount of Line 14 at Sibling rate (17)
18. AMount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
D :
.00 X 00 =
40,074.01 X 045 =
.00 X 12 =
.00 X 15 =
(19)
AMOUNT PAID
INTEREST/PEN PAID (-)
90.17
NUNBER
CD004725
DATE
12-13-2004
1,713.17
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
.00
1,803.33
.00
.00
1,803.33
1.803.34
.0ICR
.00
.0ICR
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQVIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION; Estates of decedents dying on or before December lZ~ 1982 -- If any future interest in the estate is
transferred in possession or enjoy~ent to Class B (collateral) beneficiaries of the decedent after the expiration of any estate
for life or fo~ years~ the ComaDnwealth ~rebY expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
PURPOSE OF
NOTICE;
OBJECTIONS;
ADMIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
REFUND (CR):
PENAL TV:
INTEREST:
TO REMIT
PAYMENT:
To fulfill the requirellents of Section Zl40 of the Inharitance and Estate Tax Act~ Act Z3 of ZOOO. (7Z P.S.
Section 9140).
Any party in interest not satisfied with the appraismant~ allowance or disallowance of deductions or assess.ent of tax
(Including discount or interest) as shown on this Notice lIay object within 60 days of the date of receipt of this notice
by filing one of the following:
A) Protest to the PA Departllent of Revenue~ Board of Appeal$. You may object by filing a protest online at
www.boardafappaals.state.pa.u$ on or before the expiration of the sixty-day appeal periOd. In order for
an e~ec~ronlC pro~es~ ~o De valid~ you must receive a confirmation nUMber and processed date froll the
Board of Appeals website. You .ay also send a written protest to PA Depart.ent of R8venue~ Board of Appeals
P.O. Box Z810ZI~ H8rrisbur9~ PA 17]28-]021. Petitions may not be faxed.
B) Election to have the lIatter deter.ined at the audit of the account of the personal representative.
C) Apl'eal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Depart.ent of Revenue~
Bureau of Individual Taxes~ ATTN~ Post Assessment Review Unlt~ P.O. Box 280601~ Harrisburg~PA 17128-0601
Phone (717) 787-6505. See page 3 of the book18t "Instructions for Inheritance Tax Return for a Nonresident
Decedent" (REV-1736) Jor an explanation of administratively correctable errors.
If any tax due is paid within three (3) .onths aJter the decedent's death~ a discount of five percent (S;() of
the tax paid is allowed.
A refund of B tax credit~ which was not requested on the Tax Return~ may be requested by co.pleting an
"Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available
online at www.revenue.state.DB us~ any Register of Wills or Revenue District Dffice~ or fro. the Deparfwent.s
24-hour answering service for forms orders: 1-800-36Z-Z0S0j services for taxpayers with special hearing and/or
speaking needs: 1-800-447-30Z<< (T1 only).
The 15% tax B~sty non-participation penalty is co.puted on the total of the tax and interest assessed~ and not
paid before Jl!lnuary 18~ 1996~ the first day after the end of the tax a.nesty periOd. This non-parUcipation
penalty is appealable in the same .anner and in the the sue the periOd as you would l!lppeal the tax and interest
that has been assessed as indicated on this notice.
Interest is charged beginning with first day of delinquency or nine (9) lIonths and one (1) day fr~ the date of
death to the date of pay.ent. Taxes which became delinquent befora January l~ 1982 baar interest at the rate of
six (6%) percent per annu. calculated at a daily rate of .000164. All taxes which became delinquent on and after
January 1~ 1982 will bear interest at a rate which will vary from calendar year to Cl!llendar year with that rate
announced by the PA Department of Revenue. The l!lpplicable interest rates for 1982 through 2005 ara:
Interest Daily Interest Dally Interest
~ f!2!2!:- Year ....B!!!..... ~ Year -B!!L..
ZOX .000548 m8-1991 UX .000301 ZOii 9X
16X .000438 1992 9;( .000247 2002 6iC
UX .000301 1993-1994 7X .OOOlIJ2 2003 5X
13X .000356 1995-1998 9;( .000247 2004 4iC
lOX .000274 1999 n .000192 2005 5X
9;( .000247 2000 8iC .000219
Year
i9ii
]983
1984
1985
1986
1987
Daily
Factor
.iiffi47
.000164
.000137
.000110
.000137
--Interest is calculated as follows:
INTEREST = BALANCE OF TAK UNPAID K NUKBER OF DAYS DELINQUENT K DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days
beyond the date of the assess.ent. If pay.ent is .ade after the interest computation date shown on the
Notice~ additional interest must be calculated.
Detach the top portion of this Notice and sub.it with your payment to PA Department of Revenue~ at the address
shown on the reverse side.
-Make check or .oney order l'ayable to: PA Department of' REVENUE
~
C',r
:_'
(';'
SCHEDULE"M
REAL ESTATE
ESTATE OF:
FILE NO. 2004-01049
DIANE MARIE MATHIAS MUTH
ITEM
DEATH
NUMBER
DESCRIPTION
VALUE AT
1.
1506 Terrace Avenue, Carlisle, PA
$ 42,495.00*
ALL THAT CERTAIN lot or piece of ground situate in the 3m Ward of the Borough of
Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a
survey made by Gerrit J. Betz, R.S., dated June II, 1975, as follows, to wit:
BEGINNING at a point on the southerly side of Terrace A venue, said point being located
286.88 feet West of the southwest corner of Terrace Avenue and the proposed Valley
Street Exit; thence along the remainder of Lot No. 75 on the hereinafter mentioned plan
oflots, lands now or late of Lee E. Berry, South 25 degrees 30 minutes East, a distance of
117 feet to a point: thence along lands now or late of Israel G. Royer. South 63 degrees
49 minutes West, a distance of 94.50 feet to a point; thence along the remainder of Lot
NO. 76 on the hereinafter mentioned plan of lots, land belonging now or late of Ronald
L. Curry, North 25 degrees 30 seconds West, a distance of 118 feet to a point on the
southerly side of Terrace Avenue; thence along the same North 64 degrees 30 minutes
East, a distance of 94.50 feet to a point, the place of Beginning.
Having thereon erected a frame ranch dwelling, known and numbered as 1506 Terrace
Avenue, Carlisle, Pennsylvania.
Also being the western 36 feet of Lot No. 75 and the eastern 58.50 feet of Lot No. 76 on
Plan of Valley Meadows, recorded in right of way Plan Book I, page 81, Cumberland
County Records.
(See attached tax assessment from Cumberland County Tax Assessment Office, marked
Exhibit "I" and incorporated herein by reference.)
*Total value $84,900.00. Decedent owned a one-half (112) interest as a tenant III
common with Albert H. Muth, her former husband, from who she was divorced.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
aUREAU OF II\.. "'J,VIOUAL fAXES
DEP1. 280601
HARR.ISBURG,?A 17128-0601
AEV-1l62 EX(11.96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFiCIAL RECEiPT
MUTH MORGAN THOMAS
BOX 65 1506 TERRACE AVE
CARLISLE, PA 17013
-..c---. fold
EST A TE INFORMATION: SSN: 206-32-0903
FILE NUMBER; . .2104 1549-. "le; -oS -()<,,\( ~
DECEDENT NAME: MUTH DIANE MARIE MATHIAS
DATE OF PAYMENT: 12/13/2004
POSTMARK DATE: 12/13/2004
COUNTY: CUMBERhAND.... ~0(\'I":.,,: d Cm
DATE OF DEATH: 09/17/2004
i :;
NO. CD 004725
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $1,713.17
I
I
I
I
I
[
I
I
$1,713.17
TOTAL AMOUNT PAID:
REMARKS:
CHECK# 110
SEAL
INITIALS: JA
RECEIVED BY:
DEPARTMENT OF REVENUE
,
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS