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HomeMy WebLinkAbout06-05-78 (2) . . .( . ,.' .,.. f-.' IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MILDRED L. MARKS, Deceased. No. Year, 1978 DECREE OF DISTRIBUTION. ~~ AND NOW, to wit: this 2 day of , .. .--, 1978, upon presentation and consideration of the P ition of Lynne A. Lauver, through her attorneys, Caldwell, Clouser and Kearns, for the distribution of assets in the Estate of Mildred L. Marks, under and pursuant to Section 3102 of the Probate, Estate and Fiduciaries Code, Act of 1972, it is hereby ordered and decreed that the follow- ..... .,:~; -~ - ! '.. -;. ." distributed., to :Constance; J. Wilson, one. 6f the sur- ':i ~ . I ' I ing assets be viving children of Mildred L. Marks, in partial satisfaction of the "} ~.. I ., . . t ,1.0 /., family exemption to which Constance J.'Wilson'is entitled: (a) A 1973 Chevrol.et Sedan, Vehicle Identification No. lX27D3W2702S6, with an appraised value of $1,400.00 (b) A bequest due the decedent from the estate of George M. Arnold ( Probate No. P1381S, Arapahoe County, Colorado), being in the amount of $289.82. IT IS FURTHER ORDERED that Lynne A. Lauver be, and she is hereby authorized to execute as agent for the estate of Mildred L. Marks., all instruments necessary to transfer, assign or liquidate the assets of the estate of Mildred L. Marks, for the purpose of making transfer or distribution to Constance J. Wilson. BY THE COURT: ~ P.J BOOK 104 f^CE 947 . , ~ . " . , ,. ' , ~. <". , " I . , , ~ , IN RE: MARKS, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. ,tUg D~'feffi', 1978 \ ESTATE OF MILDRED L. PETITION TO SETTLE A SMALL ESTATE PURSUANT TO THE PROBATE, ESTATE AND FIDUCIARIES CODE, ACT OF 1972, SECTION 3102 TO THE HONORABLE DALE F. SHUGHART, PRESIDENT JUDGE IN ORPHANS' COURT DIVISION, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: Your Petitioner, LYNNE A. LAUVER, through her attorneys, Caldwell, Clouser and Kearns, respectfully represents the following matters: 1. Mildred L. Marks died intestate on October 11, 1977, residing and domiciled at 105 Linden Drive, Lower Allen Township, Cumberland Cqunty, Pennsylvania. 2. The Petitioner, one of the daughters of the decedent, resides, at Box 158A, Hollywood, Maryland, 20636. 3. The decedent died in'testate, leaving to survive her a spouse, Chester Marks, and four adult children: your petitioner; Janice Miller, 4330 Rodkey Road, Harrisburg, Pennsylvania; Constance Wilson, 105 Linden Drive, Camp Hill, Pennsylvania; and Arthur Berrier, Jr., 1701 Cornell Road, Camp Hill, Pennsylvania. The aforementioned spouse, Chester Marks, deserted the decedent many years ago and, it is not known whether he is living or, if living, what is his place of residence. 4. The undistributed assets of the decedent's probate estate are as follows: (a) a 1973 Chevrolet Sedan, Vehicle Identification No. lX27D3W270256, with an appraised value of $1,400.00 (b) a bequest due the decedent from the estate of George M. Arnold (Probate No. P13815, Arapahoe County, Colorado), being in the am~unt of $289.82. ~ ~.; '" ~ . 11"1' . i' ~ \. I ; j \ ~ '" , ... . - ~ .,.,( Ii . II ~. I ~ , t! ; . I. . ... ,J . ll~liK '104 rACE "942' ! . ~' .,. -, 5. The decedent did possess an ownership interest in certain other assets, said other assets being jointly owned with one or another of the daughters of the decedent. Your petitioner has identified those joint assets along with the undistributed assets mentioned herein and has paid or has made provision to pay all inheritance taxes applicable thereto. All of the aforementioned assets, both identified in this petition, as well as those jointly bwned, are of a value less than $10,000.00. 6. The obligations of the decedent, all of which have been paid in full from joint assets, are as follows: Richardson Funeral Home for funeral services $2,166.88 Erie Insurance Company for a debt of deCedent $ 69.00 Union Mutual Life Ins. Co. for a debt of the decedent $ 262.03 Caldwell, Clouser & Kearns for legal services involved in the 'preparation of this petition, ," preparation of!t~e; ~nheritance tax; reporting; " form and the preparation~and filing of the statement of debts and deductions $ , . , . 165.00. 7. I r ~. The deceased, at the time o'f her\'death~ ~eSided with her daughter, Constance J. Wilson, at 105 Linden Drive, Lower Allen Township, Cumberland County, Pennsylvania, and your petitioner believes and avers that the said Constance J. Wilson is entitled to be paid the family exemption. 8. Your petitioner has secured the consent of Janice Miller, Constance J. Wilson and Arthur Berrier, Jr., to the distribution of the remaining assets of the estate of Mildred L. Marks to Constance J. Wilson in partial satisfaction of the payment of the family exemption, said consents being attached hereto and incorporated herein by reference. Because of the inability to ascertain the whereabouts of Chester Marks,. even if living, no notice of the presentment of this petition has been given to Chester Marks. -2- BOOK 104 PACE 943 . ., '. , " . \.. J,..1 f' , i~. ..~ ' r .,. < WHEREFORE, your 1" , ~ '.' petitioner respectfully r' , . , . ., requests this Honorable Court to enter a decree of distribution, awarding all assets of the probate estate of the decedent to Constance J. Wilson in partial satisfaction of the family exemption payable to Constance J. Wilson, and to designate your petitioner as agent for the Estate of Mildred L. Marks for the purpose of assigning and transferring legal title to the within assets to Constance J ;Wil:Son. CALDWELL, CLOUSER & KEARNS By Q ~"Q~ _"'-'.\.u Carl G. Was Esquire " , .,. , - - , , , If < . , h ,. . . BOOK 104 P~CE 1944 .-3- , ..-'., .-' . '1')' " .,f I . > . ,,"f COMMONVIEALTH 'OF PENNSYLVANIA' ( I > ~ . ~ , , ','I ' 'j . . SS:. y COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LYNNE A. LAUVER, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed befo~e me this I~ day of /Jn0(/ , 1978. ~~~. Lynne A. (j ~<</l~ Lauver . .<~;:;c,~"?;:~~<;;,\.. ." - v,, '0 \.' 'J '. -"9 "-1-' 0"'- v. \.';" ";f'.". (_' /f(;~j;';Zl~;~g'; :', ublic_ "C'. F .i;", '~.il!frARV PUBlIC C l'.l':'->~\i1A:.:l6. DAUPHIN COON'/\' If Y W'c..}"mlsslon Expir.. M,lth Z4.19Bl1 j " 800K ' 104 ;P^'cE 945 " ~ '. '1 .. , \ ~- .. ! ,~ J , ~ ..... o' I ,', ", .. ...... .'. ~~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, JANICE MILLER, CONSTANCE J. WILSON, and ARTHUR BERRIER, JR., being three of the four children of Mildred L. Marks, identified in the Petition to which this affidavit is attached, do acknowledge that we have read the within Petition and do hereby waive any claim or right which we may have to share in any of the assets of the estate of Mildred L. Marks and do hereby consent to the distribution of the assets identified in the attached Petition to Constance J. Wilson in partial satisfaction of her claim for family exemption. Sworn to and subscribed of Ih~ , 1978. ~v~ A )~~ t7 Janice iller {Jh1~~~ w4~ ~ ConsNn J. Wils~n U<V ;(".. ~/I~ ~ Arthur Berrier, Jr.' before me this /0- day t, ,.. 'f ","" . . ., , . .1 'l . . , ..; . ."'l . ,~,. .f _j 800k 104 fACE 946