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HomeMy WebLinkAbout05-25-06 ., ..... IN RE: ESTATE OF JOHN C. McMILLIN : ORPf-IANS' COURT DIVISION LATE OF SOUTH MIDDLETON TOWNSHIP : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : NO. 21 05-0903 PETITION FOR SETTLEMENT OF A SMALL ESTATE PURSUANT TO 20 Pa.C.S.A. SECTION 3102 TO: THE HONORABLE JUDGES OF SAID COURT: or',) The Petition of Mercedes L. McMillin respectfully represents that: u; 1. John C. McMillin died on March 29, 2005, a resident of the South Middlet~n Township, Cumberland County, Pennsylvania. .~) 2. Petitioner, whose address is 5 Eastwick Lane, Carlisle, Pennsylvania, 17013, ~ the Wife of the Decedent. 3. A Certificate of Grant of Letters Testamentary were issued to Petitioner by the Register of Wills of Cumberland County Pennsylvania, on October 13, 2005. 4. Decedent's named heir in his Last Will and Testament dated December 1, 1993, is Petitioner. 5. Petitioner has claimed a family exemption in this estate in the amount of $3,500.00. 6. The property owned by Decedent, individually, and the value thereof, as of the date of death, is as follows: (A) Liquidated Life Insurance Policy with Phoenix Life Insurance Company, received post-death, in the amount of $8,856.12. 7. Disbursement made from the Estate funds are as follows: (A) Hoffman-Roth Funeral Home (B) Griffie & Associates (C) Register of Wills (D) Cumberland Law Journal (E) The Sentinel TOTAL 5,950.00 1,500.00 113.00 70.00 137.03 $7,770.03 if' , 8. The names of all claimants or creditors of WhOlTI the Petitioner has knowledge, who have not received compensation are: (A) Commonwelth of Pennsylvania Department of Public Welfare CLAIM 13,988.84 CREDITOR 9. The Commonwealth of Pennsylvania, DepartlTIent of Public Welfare has acknowledged this estate to be insolvent and released their claim as per the attached correspondence dated February 9, 2006 and May 17, 2006 (Exhibit "A" and Exhibit "B") 1 O. A Pennsylvania Inheritance Tax Return has been filed previously in this estate and, together with permitted discounts and exemptions, has been accepted by the Inheritance Taxes Division of the Bureau of Individual Taxes of the Pennsylvania Department of Revenue as an insolvent estate (See attached Exhibit "C") 11. There are no disbursements available to any heirs as the debts and exemptions exceed the assets in the estate and any jointly held property has passed to the joint owner by operation of law. 12. Notice has been given to the Commonwealth of Pennsylvania, Department of Public Welfare of the filing of the within Petition, and Petitioner, as the sole named heir, has notice of filing. WHEREFORE, Petitioner requests your Honorable Court to approve settlement of this estate with no disbursements to the named heir, jointly held property passing to the joint title holders by operation of law, and release of the Department of Public Welfare lien. Respectfully submitted, L riffie, Esquire or for Petitioner 20 orth Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 .., ,. *' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8466 February 9/ 2006 GRIFFIE & ASSOCIATES BRADLEY L GRIFFIE ESQUIRE 200 NORTH HANOVER ST CARLISLE PA 17013 Re: JOHN MCMILLIN CIS #: 720170246 SSN: 170-01-9687 Date of Death: 03/29/2005 Dear Attorney Griffie: Pursuant to your corresponderice dated February 02/ 2006/ regarding the above-referenc~~~state/ the Department recognizes the estate to be insolve;bt':.': Plte\i~e ;notify us o't--,.any change in circumstances which may affect the in~olv(~lncy of th~ es.dte /// Jr.' ? "..,...:;:--,. ...~._;.., ..; ; T~j~O:G.!,rforyour. coop~ratiion in this matter. If you have any que s ti on8;'1J"~ea~:e';c9nt act ::~_. { ---<~::.:~!;~::_j Sincerely/ ;1 n t ~ D _ b r. ~; ~r 11 L~~'~v Carl G. Rinkevich TPL Program Investigator 717-772-6258 717-772-6553 FAX EXHIBIT I A- '" ... * COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 6486 HARRISBURG, PA 17105-6486 May 17/ 2006 GRIFFIE & ASSOCIATES BRADLEY L GRIFFIE ESQUIRE 200 NORTH HANOVER ST CARLISLE PA 17013 f ~., '.# (r 1 ,_., Re: JOHN MCMILLIN ;.CIS #: 720170246 :..",..:~.." c':":SSN: '170 - 01- 9687 Date of Death: 03/29/2005 j i r .tNlS; IDLil.;o,.. Dear Attorney' Grff'fie.:. ~':. ;A, I am in receipt ~f your correspondence dated May 09, 2006 regarding the above-referenced estate~'''''",,,,,u,,,~,"-, .............~.;;....f.;P.tri The Department has reviewed the information presented and agrees with the accounting of the estate. Please notify us of any change in circumstances as they may change this agreement. Thank you for your cooperation in this matter. questions, please contact me. If you have any Sincerely/ l~Jj. ~ Carl G. Rinkevich TPL Program Investigator 717-772-6258 717-772-6553 FAX EXHIBIT I .& 03-27-2006 MCMILLIN 03-29-2005 21 05-0903 CUMBERLAND 101 APPEAL DATE: 05-26-2006 (See reverse side under Objections) Amount Remitted' , MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE~ PA 17013 PY!_~~P~P_!~~~-~~~g------~--_~gr~!~_~g~g~_~g~r!g~_E9~_yg~~_~gpg~~~__~____________________ REV-1S47 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE DR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX JOHN C FILE NO. 21 05-0903 ACN 101 .. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT~ ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 BRADLEY L GRIFFIE ESQ GRIFFIE 8 ASSOCIATES 200 N HANOVER ST CARLISLE DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN PA 17013 ESTATE OF MCMILLIN REV-1547 EX AFP (06-05) JOHN C TAX RETURN WAS: (X) ACCEPTED AS FILED CHANGED DATE 03-27-2006 RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule AJ 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. ~ointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 8,856.12 .00 .00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule ~) 14. Net Value of Estate Subject to Tax (9) (10) 11~270.03 .00 (II) (12) (13) (14) NOTE: IT an assessment was issued p~eviDusly, lines reTlect Tigures that include the total OT ALL ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: NOTE: To insure proper credit to your account~ submit the Upper portion of this form with your tax payment. 8~856.12 ]] .270 n 3 2~413.91- .00 2~413.91- 14, 15 and/or 16, 17, 18 and 19 will returns assessed to date. .... <0_'" ------ . (+J AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) ~ EXHIBIT TOTAL TAX CREDIT .00 ~ G BALANCE OF TAX DUE .00 .D .D .:g INTEREST AND PEN. .00 TOTAL DUE .00 .00 X 00 = .00' X 045 = .00 X 12 = .00 X 15 = (19)= (1.5) (16) (17) (18) ~ IF PAID AFTER DATE INDICATED~ SEE REVERSE FOR CALCULATTnN 01=' AnnTTTmUI T~TJ:IlJ:C::T .00 .00 .00 .00 .00 IF TOTAL DUE IS LESS THAN $1~ NO PAYMENT IS REQUIRED. TI:' TnTAI nlll: TC::: 1::11:'1:'1 I:'rTl:n Ae::: ^ n,..Dl:nTTn IrD) vnll MAV DC nIl!: I verify that the statements made in the foregoing document are true and correct. 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. DATE: s)~Lf J 0 Co ~ ~..-! 'l/JA~ N1~ (P L i0. /'1 / . RCEDES L. McMILLIN