HomeMy WebLinkAbout05-25-06
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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
..,
,.
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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-
'"
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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