HomeMy WebLinkAbout11-22-06
k
{i;j
~
7/1\~~~
RHOADS J"1I11"":
& SINON LLP
Shawn D. Funk
ph (717) 231-6671
Ix (717) 232-1459
sfunk@rhoads-sinon.com
FILE NO: 9714/2
November 21,2006
Re: Estate Jean M. Miller
File No.: 0990 of 2005
Ms. Glenda Farner-Strasbaugh
Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
(")
Co
~:o
0:>-0_
m~1o.'"
:oz~
J> .:0
:::: en:A
CJ ('") O.
('")O-n
oC'::
: ::0
':'O~
.,:;p.
~
c:,::)
c:;:)
CI"\
:z:
c
...c
N
N
Dear Ms. Farner-Strasbaugh:
-0
:s
~
en
......
::IJ
-.:u';-f1
0'1. C)
q..;_~,.c~::>
':~
r-""~
:J.-:J
C~)O
-n ....
'-rf
B
L~:~; ~
We enclose for filing an Approval of Account, Release and Indemnification for the above-
captioned Estate along with one copy and a check in the sum of$5.00 in payment of your filing fee
for the enclosed release agreement. Please timestamp the copy of the Approval of Account, Release
and Indemnification and return at your earliest convenience in the enclosed self-addressed and
stamped envelope.
Please do not hesitate to call our office if you have any questions.
Enclosure
Very truly yours,
RHOADS & S4NfLP
rt;;
By: / I
Sh~
P;faleg
630509.1
Rhoads &: Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square. P.O. Box 1146
Harrisburg, PA 17108-1146 · ph (717) 233-5731 · Ix (717) 232-1459 · www.rhoads-sinon.com
.
.
.
-
...
618827.1
IN THE MA TIER OF THE
ESTATE OF JEAN M. MILLER
DECEASED
IN THE ORPHANS' COURT DMSION
OF THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0990 of2005
......,
. c:::::>>
E ~ 0"0'
::lO"".~ __ .X) jX1)~
;:::.". -- r::r~ '.;-
f;g.. .. . n .~ ?,~ ~
::o;fF .=.::j t:J
c-zm N rn rn
~u3~ N ::n CJ
WHEREAS, JEAN M. MILLER (the "Decedent") died testate on ~ 18,:lJ05,~ ~
~:o N F= fll
leaving a Will which was duly probated by the Register of Wills of Cumberland C01:ijiy 7PennsylYfmia L;;) ~~
~
APPROVAL OF ACCOUNT
RELEASE AND INDEMNIFICATION
on November 9, 2005; and
WHEREAS, Decedent's Will appoints her brother, Richard S. Miller, as Executor and
her niece, Patricia D. Tepsic, as alternate Executrix; and
WHEREAS, Richard S. Miller, died on March 30, 2005, predeceasing Decedent, and
Letters Testamentary were granted to Patricia D. Tepsic (the "Executrix") on November 9,2005; and _
WHEREAS, Decedent's Will bequeaths her entire estate to her brother, Richard S.
Miller; her sister, Elizabeth A. Wolfe; her nieces, Patricia D. Tepsic and Deborah S. Wolfe; and her
nephews, Michael J. Spangler and Mark D. Miller; "share and share alike, per stirpes;" and
WHEREAS, Said Elizabeth A. Wolfe, Patricia D. Tepsic, Deborah S. Wolfe, Michael
J. Spangler and Mark D. Miller, are all of the living beneficiaries and parties in interest under
Decedent's Will (the "Beneficiaries"); and
WHEREAS, the language of Decedent's Will would require that Mark D. Miller
receive a one-sixth share of the residue of the Estate in his own right and also a one-sixth share of the
residue as the son and sole issue of his father, Richard S. Miller, deceased; and
1
.
.
WHEREAS, on April 28, 2006, Mark D. Miller executed an Irrevocable Partial
Assignment of Bequest, a copy of which is attached hereto as Exhibit "C," wherein he assigned the
one-sixth share of the residue he would have otherwise inherited as the issue of Richard S. Miller to the
living Beneficiaries under Decedent's Will, with the intent of enabling the Executrix to make an equal
one-fifth (1/5) distribution to each of the living Beneficiaries of Jean M. Miller and the attached
proposed Schedule of Distribution carries out that intent; and
WHEREAS, death tax returns have been filed, Pennsylvania Inheritance and other
taxes have been paid and the administration of the Estate is nearly complete; and
WHEREAS, the Executrix and the Beneficiaries desire that the Estate be concluded
without the expense and formality of a court accounting; and
WHEREAS, the Executrix is willing to consent to such a conclusion of the Estate upon
receipt of a proper release and indemnification, which it is the purpose of this Agreement to provide;
and
.
.
NOW, THEREFORE, the undersigned, for themselves, their heirs, personal
representatives and assigns:
(1) State that they have examined the First and Final Account of the administration
of Decedent's Estate and the accompanying Schedule of Proposed Distribution, which are attached
hereto as Exhibits "A" and "B," and approve the transactions and distributions set forth or proposed
therein as though they had been confirmed absolutely by the Court having jurisdiction over the Estate.
(2) Waive the filing and auditing of the Account by any Court and agree that any
Court having jurisdiction over the Estate may confirm the Account and Proposed Distribution.
2
(3) Acknowledge receipt from the Executrix of the assets shown as being
distributed or distributable to them in such Account.
(4) Do hereby absolutely and irrevocably release, remise, quitclaim and forever
discharge the said Executrix, her heirs and personal representatives, of and from all actions, suits,
payments, accounts, reckonings, claims and demands whatsoever relating to the Estate of the said
Decedent.
.
(5) Do hereby absolutely and irrevocably release the Executrix from filing any
Account, Petition for Distribution or other document with the Court of Common Pleas of Cumberland
County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the Decedent.
(6) Do hereby agree that if, at any time in the future, the said Executrix receives
any demand or claim for any amount claimed to be due and owing from her as Executrix, and approves
said demand or claim, they shall, at the request of the said Executrix, refund and pay to the said
Executrix the amount of any such demand or claim, or if it has been paid by the said Executrix, then
reimburse her for the amount paid by her, provided that the amount of such requested payment or
reimbursement shall not exceed the total of the assets paid or distributed by said Executrix to the
undersigned Beneficiaries as set forth in the attached Account and Proposed Schedule of Distribution.
(7) Do hereby agree to protect and indemnify the Executrix and hold her harmless
to the extent of the Estate assets received by the undersigned from and against any and all claims, loss,
liability or damage (including legal fees and costs) which the Executrix may suffer or to which she may
be subjected by reason of the administration of the Estate or the distribution of the assets of the estate
without having formal approval of the Court of Common Pleas, Orphans' Court Division, of
Cumberland County, Pennsylvania, or any other court.
3
.
.
.
.
(8) Do hereby agree that this Agreement may be signed and acknowledged by the
parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of
all parties, shall constitute an original and complete document.
This instrument shall be legally binding on the undersigned and their personal
rePresentatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, set
their hands and seals to this Agreement on the Z-4v day Of~ ' 2006.
f-<.,1tI m. JJQhAf;.
tness
~11. W4 (SEAL)
Elizabe S. Wolfe
(SEAL)
Witness
Patricia D. Tepsic
(SEAL)
Witness
Deborah S. Wolfe
.
(SEAL)
Witness
Michael J. Spangler
(SEAL)
Witness
Mark D. Miller
.
t
t
4
.
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF
~ this, the II #J day of 6e pklYJ b.er , 2006, before me, a Notary Public, in
and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
ELIZABETH S. WOLFE, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~:: 7n..&h~
Public
(SEAL)
My Commission Expires:
(SEAL)
COMMO OP ~
NotarIal Seal
Yvttte M. Badata, Notary Public
~ HID Boro, Cumbert8nd County
My COmmission ExpintS Feb. 14, 20'10
Member. Pennsylvania AssocIation 01 NotarIes
.
.
.
.
5
t
, <,
.
.
(8) Do hereby agree that this Agreement may be signed and acknowledged by the
parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of
.
all parties, shall constitute an original and complete document.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, set
their hands and seals to this Agreement on the :3 tJ zi- day of /9 tI a tlsr , 2006.
4
.
.
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF 7)~,.t?///"U
: SS:
.
On this, the 3# day of ~ , 2006, before me, a Notary Public, in
and for the Commonwealth of Pennsylvania, ~ officer, personally appeared P A TRlCIA
D. TEPSIC, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Agreement and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~EAL)
o PublIc
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Y\uJne R. Dt.lti1am. Notal}' Public
City Of HanisOOrg, Dauphin County
Myeom.l~ Expres Aug. 20, 2009
Membef. Pennsylvania A~ociation of Notanes
6
(8) Do hereby agree that this Agreement may be signed and acknowledged by the
parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of
all parties, shall constitute an original and complete document.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, set
their hands and seals to this Agreement on the ')
day of J e,k... ~J e. -
r
. 2006.
(SEAL)
Witness Elizabeth S. Wolfe
(SEAL)
~ -'1' Patricia D. Tepsic
D1:K ~ tv~
' ~Ij tfi Iv;f'- (SEAL)
Witness
. (SEAL)
Witness Michael J. Spangler
(SEAL)
Witness Mark D. Miller
.
.
.
4
.
.
-
-
STATE OF NEW YORK
COUNTY OF \H E: B~\) tJ ~
: SS:
..
-
On this, the i ~ of St~~ 2006, before me, a Notary Public, in
and for the CB~B~t:ali ~~~1'gn~~ personally appeared DEBORAH
S. WOLFE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Agreement and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
:..-
My Commission Expires:
(SEAL)
N_t~==twYoltc
R~,== "A}tJ.OI-q,1:1.nil
... ~1ti'hi8fti=m~" . .
C8IlItftlsstOO If@i l~ :It ~q .:uJ/O .
7
(8) Do hereby agree that this Agreement may be signed and acknowledged by the
parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of
all parties, shall constitute an original and complete document.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, set
their hands and seals to this Agreement on the ,;l ;-rl> day of -ly-:i::..L , 2006.
.
.
4
.
...
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ~lCRd
SS:
On this, the '2<)day of ~ . 2006, before me, a Notary Public, in
and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared MICHAEL 1.
SP ANGLE~ known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Agreement and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cathy L. Youngblood. Notary Public
Lemoyne Borc. Cumberland County
My Commission Expires June 22. 2010
Member. Pennsylvanta Association of Notaries
.
.
.
.
8
(8) Do hereby agree that this Agreement may be signed and acknowledged by the
parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of
all parties, shall constitute an original and complete document.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, set
their hands and seals to this Agreement on the I 4
day of ~k,... .2006.
.
t
4
~
COMMONwEALTH OF PENNSYL VANIA
: SS:
COUNTY OF
On this, the 14"" day of S~ptI.Mber , 2006~ before me, a Notary Public, in
and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared MARK D.
MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Agreement and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
a(\~J ~(SEAL)
Notary Public
My Commission Expires: q..3 t:) .. 08"
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NatarIal Seal .
Angela J. Shun. Notary Public
Gettysburg Boro. Adams County
My CorrmisslOn Expires Sept. 30,2008
Member, Pennsylvania Association Of Notaries
t
t
.
9
~ '
BXlllBll A
--
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DNISION
...
~
NO. 0990 OF 2005
FIRST AND FINAL ACCOUNTING OF
Patricia D. Tepsic, Executrix
-.
For
ESTATE OF JEAN M. MILLER, Deceased
Date of Death:
October 18,2005
Date of Appointment:
November 9, 2005
Date of First Complete
Advertisement:
December 20, 2005
Accounting for the Period:
October 18, 2005 to August 30, 2006
Purpose of Account: Patricia D. Tepsic offers this account to acquaint interested parties with the transactions
that have occurred.
The account also indicates the proposed distribution of the Estate assets.
It is important that the account be carefully examined. Requests for additional information, or questions, or
objections, can be discussed with:
Lawrence B. Abrams, Esquire
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
EXHffiIT "A"
61'llJ1.1
,
Estate of Jean M. Miller
. Summary of Account
Principal Page
Receipts 2 $ 259,369.92
Net Loss on Sales or Other Dispositions 5 (69.13)
$ 259,300.79
Less Disbursements: 9
Debts of Decedent $ 2,680.44
Funeral Expenses 8,734.00
Administrative Expenses 10,274.38
Federal & State Taxes 27,598.50
Fees & Commissions ')') 0'-;;0 00
71,337.32
Balance Before Distributions $ 187,963.47
Less Distributions to Beneficiaries 15 4,675.00
Principal Balance On Hand 16 $ 183,288.47
For Information:
Investments Made 17
, Unpaid Expenses
Umealized Gains and Losses
Income
Receipts 20 $ 814.64
Net Gain on Sales or Other Dispositions 22 0.00
$ 814.64
Less Disbursements: 23
000
Balance Before Distributions $ 814.64
Less Distributions to Beneficiaries 24 000
Income Balance on Hand 25 $ 814.64
For Information:
Investments Made
Unpaid Expenses
Umealized Gains and Losses
Combined Balance on Hand $ 184,103.11
--
Estate of Jean M. Miller
Receipts of Principal
1) Inventory Value
Cash and Cash Equivalents 10/18/2005
BELCO Savings Acct. #049050 $ 73,039.38
Interest to Date of Death 533.81
, Currency and coins in safe deposit
box, all valued at face value except
silver half dollar and $5 silver
certificate per sale to coin dealer 189.50
.... M&T Bank Checking Acct.
#60549971 11,745.83
Interest to Date of Death 0.80
Total Cash and Cash Equivalents $ 85.509.32
No. of
Shares Stocks
404 BellSouth Corporation $ 11,712.24
Dividend at Date of Death 117.16
112 Lucent Technologies Inc
Common
New York Stock Exchange 353.92
456 Verizon Communications
Common
New York Stock Exchange 13,415.52
Dividend at Date of Death 184.68
Total Stocks 25.783.52
Par
Value Bonds, Debentures & T -Bills
16,945.77 149 U. S. Treasury Series E and EE
bonds $ 16,945.77
Total Bonds, Debentures & T-Bills 16.945.77
No. of
Shares Mutual Funds
Page 1 (2)
.
Receipts of Pritlcipal (Continued)
No. of Inventory Value
Shares Mutual Funds 10/18/2005
. 1,313.557 Thrivent Mut Fds
Income Fd CI A
Mutual Funds, Money Market Fds $ 11,296.59
Total Mutual Funds $ 11.296.59
,
Tangible Personal Property
1999 Ford Taurus $ 3,000.00
..... Household and personal articles 2,870.00
Total Tangible Personal Property 5.870.00
Miscellaneous
Prudential Insurance Company
Group Life Insurance Policy #13935.
Beneficiary, Estate. $ 11,839.30
MetLife Policy #5393475M
Beneficiary, Estate of Jean M. Miller 3,066.92
Allstate Insurance Company, refund
of unused premium 101.30
Genworth Life Insurance Company,
refund of unused premium,
long-term health insurance policy
#HFN6378578 628.55
Refund, MEDCO 22.00
Verizon pension, October payment 896.26
Total Miscellaneous 16.554.33
Real Property
Page 2
(3)
.
-
Receipts of Principal (Continued)
Inventory Value
Real Property 10/18/2005
. Real property, 3526 Chestnut Street,
Camp Hill, P A 17011, more
particularly described in Deed dated
March 15, 1977, and recorded in
. Cumberland County Deed Book
-. B27, Page 277 $ 97,000.00
Total Real Property $ 97.000.00
Total Inventory $ 258.959.53
-.. Receipts Subsequent to Inventory
11/22/2005
Corncast Cable, refund $ 31.65
01/23/2006
Refund, Verizon 3.47
06/15/2006
Refund of unused escrow fund for
repair of shower 361.58
06/15/2006
Refund, PP&L 13.69
Total Receipts Subsequent to Inventory $ 410.39
Total Receipts of Principal S 259,369.92
Page 3
(4)
.
-
-
Estate of Jean M. Miller
Gains and Losses on Sales or Other Dispositions of Principal
Net Gain Net Loss
. 11/01/2005 Collection
Verizon pension, October payment
Net Proceeds $ 896.26
Carried at 896.26
-
-
11/22/2005 Collection
M&T Bank Checking Acct.
#60549971
Net Proceeds $ 12,944.73
Carried at 12,944.73
11/22/2005 Collection
Allstate Insurance Company, refund
of unused premium
Net Proceeds $ 101.30
Carried at 101.30
11/22/2005 Sale
Comcast Cable, refund
Net Proceeds $ 31.65
Carried at 31.65
12/15/2005 Collection
Household and personal articles
Donated to charity
Inventoried at $ 1,195.00
Net Proceeds 0.00 $ 1,195.00
01/05/2006 Collection
16,945.77 Par
149 U. S. Treasury Series E and EE
bonds
Net Proceeds $ 16,945.77
Carried at 16,945.77
Page 1
(5)
.
-
-
Gains and Losses on Sales or Other Dispositions of Principal (Continued)
Net Gain Net Loss
01/06/2006 Collection
. BELCa Savings Acct. #049050
Net Proceeds $ 73,039.38
Carried at 73,039.38
- 01/23/2006 Collection
....
Refund, Verizon
Net Proceeds $ 3.47
Carried at 3.47
.....
01/23/2006 Collection
Refund, MEDCa
Net Proceeds $ 22.00
Carried at 22.00
01/23/2006 Sale
1,313.557 Shares
Thrivent Mut Fds
Income Fd CI A
Mutual Funds, Money Market Fds
Net Proceeds $ 11,349.13
Inventoried at 11,296.59 $ 52.54
01/31/2006 Collection
Prudential Insurance Company
Group Life Insurance Policy
#13935. Beneficiary, Estate.
Net Proceeds $ 11,839.30
Carried at 11,839.30
02/1 0/2006 Sale
404 Shares
BelISouth Corporation
Net Proceeds $ 11,712.24
Carried at 11,712.24
Page 2
(6)
.
-
Gains and Losses on Sales or Other Dispositions of Principal (Continued)
Net Gain
.
02/17/2006 Sale
112 Shares
Lucent Technologies Inc
Common
New York Stock Exchange
Inventoried at
Net Proceeds
.
--
-
.-
02/17/2006 Sale
456 Shares
Verizon Communications
Common
New York Stock Exchange
Net Proceeds
Inventoried at
03/06/2006 Sale
Currency and coins in safe deposit
box, all valued at face value except
silver half dollar and $5 silver
certificate per sale to coin dealer
Net Proceeds $
Carried at
03/06/2006 Collection
Genworth Life Insurance Company,
refund of unused premium,
long-term health insurance policy
#HFN6378578
Net Proceeds
Carried at
Page 3
$
353.92
280.61
$
14,562.16
13,415.52
1,146.64
$
189.50
189.50
$
628.55
628.55
(7)
Net Loss
$
73.31
.
..
-
Gains and Losses on Sales or Other Dispositions of Principal (Continued)
Net Gain
Net Loss
03/15/2006 Sale
. Real property, 3526 Chestnut Street,
- Camp Hill, PA 17011, more
particularly described in Deed dated
March 15, 1977, and recorded in
Cumberland County Deed Book
. B27, Page 277
-.
- Net Proceeds $
Carried at
97,000.00
97,000.00
~
-
03/24/2006 Collection
MetLife Policy #5393475M
Beneficiary, Estate of Jean M.
Miller
Net Proceeds $
Carried at
3,066.92
3,066.92
04/13/2006 Collection
Refund of unused escrow fund for
repair of shower
Net Proceeds $
Carried at
361.58
361.58
04/13/2006 Collection
Refund, PP&L
Net Proceeds $
Carried at
13.69
13.69
Total Gains and Losses
Net Loss
$
1,199.18 $
$
1,268.31
69.13
Page 4
(8)
.
-
-
Estate of Jean M. Miller
Disbursements of Principal
. Date Paid Amount Paid
- Debts of Decedent
-
11/15/2005 UGI, service to residence $ 35.25
Check Number 1002
.
-
- 11/17/2005 Verizon, service to residence 10.00
Check Number 1003
- 12/15/2005 Patricia Tepsic, reimbursement 747.99
-.
for payment of decedent's
expenses
Check Number 1015
12/28/2005 Rhoads & Sinon LLP 399.20
Attorneys' fees for services
before death
Check Number 1016
03/30/2006 P A Department of Revenue, 55.00
decedent's 2005 P A 40
Check Number 1039
03/30/2006 United States Treasury, 1,433.00
decedent's 2005 1040
Check Number 1038
Total Debts of Decedent $ 2,680.44
Funeral Expenses
11/14/2005 Stone & Murray $ 48.00
Death certificates
Check Number 1008
Page 1
(9)
-
Disbursements of Principal (Continued)
Date Paid
Funeral Expenses
.-
""I 1/30/2005 Stone & Murray
Death certificates
Check Number 1 0 11
.-
""I 1/30/2005 Stone & Murray
Funeral and burial expenses
Check Number 1 0 1 0
;4/18/2006 Rolling Green Cemetery, grave
marker
Check Number 040
Total Funeral Expenses
Administration Expenses
11/21/2005 P A WC, water service to
residence
Check Number 1006
11/28/2005 PPL, electric service to
residence
Check Number 1012
12/01/2005 UGI, service to residence
Check Number 1009
12/01/2005 Yard mowing
Check Number 1004
12/13/2005 P A WC, water service to
residence
Check Number 1014
Page 2
(10)
$
Amount Paid
48.00
7,030.00
1,608.00
$
8,734.00
$
21.34
75.60
2.16
90.00
21.34
-
-
Disbursements of Principal (Continued)
Date Paid
Administration Expenses
: 12/16/2005 Hobbie Auctions
Appraisal fee, household and
personal articles
Check Number 1013
: 12/28/2005 PPL, electric service to
residence
Check Number 1017
=12/30/2005 Verizon, service to residence
Check Number 1018
01/09/2006 UGI, service to residence
Check Number 1021
01/11/2006 P A WC, water service to
residence
Check Number 1020
01/17/2006 Hampden Township,
sewer-trash service to residence
Check Number 1019
01/24/2006 Carpet cleaning in preparation
for sale of residence
Check Number 1023
02/01/2006 UGI, service to residence
Check Number 1025
02/02/2006 PPL, electric service to
residence
Check Number 1024
Page 3
(11)
Amount Paid
$
275.00
39.13
6.48
148.25
21.34
124.00
57.24
78.89
15.47
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
02/07/2006 Cleaning service in preparation $ 50.00
for sale of residence
Check Number 1026
-I 02/07/2006 P A WC, water service to 29.14
residence
Check Number 1026
02/28/2006 PPL, electric service to 14.78
residence
Check Number 1028
03/06/2006 CropfBros., Plumbers, 185.78
preparation of residence for
sale
Check Number 1029
...:.
03/07/2006 UGI, service to residence 108.33
Check Number 1030
03/09/2006 P A WC, water service to 16.73
residence
Check Number 1031
03/14/2006 CropfBros., Plumbers, 201.60
preparation of residence for
sale
Check Number 1032
03/14/2006 John Fogle, caulking bathroom 210.00
in preparation for sale
Check Number 1033
Page 4
(12)
-
Disbursements of Principal (Continued)
Date Paid
Amount Paid
Administration Expenses
03/15/2006 Expenses of sale of residence:
Commission, 5,820
Transfer tax, 970
Net ret. of taxes, (214.06)
Misc. expenses, 210.00
Escrow, shower repair, 500.00
$
7,285.94
03/27/2006 P A WC, water service to 16.91
residence
Check Number 1036
03/27/2006 UGI, service to residence 45.21
Check Number 1034
03/29/2006 PPL, electric service to 28.72
residence
Check Number 1035
03/30/2006 Hamilton & Musser PC, 175.00
preparation of final income tax
returns
Check Number 1037
06/13/2006 Register of Wills 30.00
Filing fees, P A Inheritance Tax
Return and Inventory
Check Number 1042
08/30/2006 Rhoads & Sinon LLP 900.00
Reimbursement for
out-of-pocket expenses
Total Administration Expenses S 10,274.38
Page 5
(13)
r
-
-
Disbursements of Principal (Continued)
Date Paid Amount Paid
Federal and State Taxes
- 01/11/2006 Register of Wills, Agent $ 24,500.00
-
Payment on account ofPA
Inheritance Tax
Check Number 1022
- 06/13/2006 Register of Wills, Agent 3,098.50
Balance due, P A Inheritance
Tax
Check Number 1043
- Total Federal and State Taxes $ 27,598.50
Fees and Commissions
06/13/2006 Register of Wills, $ 50.00
Probate fees
Check Number 1041
08/30/2006 Patricia Tepsic, Executrix' fees 7,000.00
08/30/2006 Rhoads & Sinon LLP,
attorneys' fees
15,000.00
Total Fees and Commissions
$
$
22,050.00
Total Disbursements of Principal
71,337.32
Page 6
(14)
Estate of Jean M. Miller
Distributions of Principal to Beneficiaries
Distribution Value
Patricia D. Tepsic
12/15/2005 Household and personal articles
Oak Mission style wall clock, $100;
Fancy wall clock, $225; Meissen
angel and putti figurines, $150
$
475.00
$ 475.00
Deborah S. Wolfe
12/15/2005 Household and personal articles
Clock
$
1,200.00
$ 1,200.00
Elizabeth A. Wolfe
06/15/2006 1999 Ford Taurus
$
3,000.00
Total Distributions of Principal
$
$
3..000.00
4,675.00
Page 1
(15)
-
-
Estate of Jean M. Miller
Principal Balance On Hand
Inventory Value
-
Cash and Cash Equivalents
M&T Bank Estate Checking Acct.
#9840736723
$
183,288.47
Total Cash and Cash Equivalents
Total Balance on Hand
Page 1
(16)
$
$
183..288.47
183..288.47
-
-
Estate of Jean M. Miller
Information Schedules - Principal
Inventory
Value
Exchanges and Stock Distributions
1999 Ford Taurus
10/18/2005
06/15/2006
Received
Valued per estimate of
Executrix
Distribution
To Elizabeth A. Wolfe
$
3,000.00
(3,000.00)
BeUSouth Corporation
10/18/2005
02/10/2006
404 Shs.
(404) Shs.
Received
Sold
11,712.24
(11,712.24)
Prudential Insurance Company Group Life Insurance Policy #13935.
Beneficiary, Estate.
10/18/2005
01/31/2006
Received
Collected
11,839.30
(11,839.30)
Lucent Technologies Inc
Common
New York Stock Exchange
10/18/2005
02/17/2006
112 Shs.
(112) Shs.
Received
Sold
353.92
(353.92)
MetLife Policy #5393475M
Beneficiary, Estate of Jean M. Miller
10/18/2005
03/24/2006
Received
Collected
3,066.92
(3,066.92)
Allstate Insurance Company, refund of unused premium
10/18/2005 Received
11/22/2005 Collected
101.30
(101.30)
Comcast Cable, refund
11/22/2005
11/22/2005
Received
31.65
(31.65)
Sold
Page 1
(17)
-
-
Information Schedules - Principal (Continued)
Exchanges and Stock Distributions
Refund of unused escrow fund for repair of shower
04/13/2006 Collected
06/15/2006 Received
Genworth Life Insurance Company, refund of unused premium, long-term
health insurance policy #HFN6378578
10/18/2005 Received
03/06/2006 Collected
Refund, PP&L
04/13/2006
06/15/2006
Collected
Received
Refund, Verizon
01/23/2006
01/23/2006
Received
Collected
Refund, MEDCO
10/18/2005
01/23/2006
Received
Collected
Real property, 3526 Chestnut Street, Camp Hill, P A 17011, more
particularly described in Deed dated March 15, 1977, and recorded in
Cumberland County Deed Book B27, Page 277
10/18/2005 Received
Valued per attached
Settlement Sheet.
03/15/2006
Sold
Thrivent Mut Fds
Income Fd CI A
Mutual Funds, Money Market Fds
10/18/2005 1,313.557 Shs.
01/23/2006 (1,313.557) Shs.
Received
Sold
Page 2
(18)
Inventory
Value
$
(361.58)
361.58
628.55
(628.55)
(13.69)
13.69
3.47
(3.47)
22.00
(22.00)
97,000.00
(97,000.00)
11,296.59
(11,296.59)
-
-
Information Schedules - Principal (Continued)
Exchanges and Stock Distributions
Household and personal articles
10/18/2005
12/15/2005
12/15/2005
12/15/2005
149 U. S. Treasury Series E and EE bonds
10/18/2005 16,945.77 Par
01/05/2006 (16,945.77) Par
Verizon Communications
Common
New York Stock Exchange
10/18/2005
02/17/2006
456 Shs.
(456) Shs.
Verizon pension, October payment
10/18/2005
11/01/2005
Page 3
Inventory
Value
Received
Valued per attached
appraisal
Distribution
To Deborah S. Wolfe
Clock
Collected
Donated to charity
Distribution
To Patricia D. Tepsic
Oak Mission style wall
clock, $100; Fancy wall
clock, $225; Meissen angel
and putti figurines, $150
$
2,870.00
(1,200.00)
(1,195.00)
(475.00)
Received
Collected
16,945.77
(16,945.77)
Received
Sold
13,415.52
(13,415.52)
Received
Collected
896.26
(896.26)
(19)
Estate of Jean M. Miller
Receipts of Income
Income Collected
BELCO Savings Acct. #049050
01/06/2006 Interest $ 727.51
Less accrued portion (533.81)
$ 193.70
BellSouth Corporation
11/01/2005 Dividend on 404 Shares $ 117.16
Less accrued portion (117.16)
02/01/2006 Dividend on 404 Shares 117.16
117.16
M&T Bank Checking Acct. #60549971
10/21/2005 Interest $ 0.89
Less accrued portion (0.80)
11/22/2005 Interest 1.07
1.16
M&T Bank Estate Checking Acct.
#9840736723
11/25/2005 Interest $ 0.14
12/27/2005 Interest 0.54
01/27/2006 Interest 3.86
02/27/2006 Interest 8.48
03/27/2006 Interest 11.93
04/27/2006 Interest 17.96
OS/26/2006 Interest 16.70
06/27/2006 Interest 18.31
07/27/2006 Interest 17.01
94.93
Thrivent Mut Fds
Income Fd CI A
Mutual Funds, Money Market Fds
Page 1 (20)
Receipts of Income (Continued)
Thrivent Mut Fds
Income Fd CI A
Mutual Funds, Money Market Fds
11/04/2005 Dividend on 1,313.557 Shares $ 41.72
10/31/05 DN.
12/19/2005 Dividend on 1,313.557 Shares 43.14
11/30/2005 DN.
01/23/2006 Dividend on 1,313.557 Shares 41.78
12/30/2005 DN.
01/23/2006 Dividend on 1,313.557 Shares 23.22
01/17/2006 DN.
$ 149.86
149 U. S. Treasury Series E and EE
bonds
01/05/2006 Interest on 16,945.77 Par $ 73.15
73.15
Verizon Communications
Common
New York Stock Exchange
11/01/2005 Dividend on 456 Shares $ 184.68
Less accrued portion (184.68)
02/01/2006 Dividend on 456 Shares 184.68
184.68
Total Income Collected $ 814.64
Total Income Received $ 814.64
Page 2
(21)
Estate of Jean M. Miller
Gains and Losses on Sales or Other Dispositions of Income
Net Gain
- 11/22/2005 Collection
M&T Bank Checking Acct.
#60549971
Net Proceeds
Carried at
$
42.88
42.88
Total Gains and Losses
No Gain or Loss
$
$
0.00 $
0.00
Page 1
(22)
Net Loss
0.00
Date Paid
Page 1
Estate of Jean M. Miller
Disbursements of Income
Total Disbursements of Income
$
0.00
(23)
Amount Paid
Page 1
Estate of Jean M. Miller
Distributions of Income to Beneficiaries
Distribution Value
Total Distributions of Income
$
0.00
(24)
Estate of Jean M. Miller
Income Balance On Hand
Inventory Value
Cash and Cash Equivalents
M&T Bank Estate Checking Acct.
#9840736723
$
814.64
Total Cash and Cash Equivalents
Total Balance on Hand
Page 1
(25)
$
$
814.64
814.64
AFFIDA VIT
Patricia D. Tepsic, Executrix under the Will of Jean M. Miller, Deceased, hereby declares under oath
that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is
true and correct, and fully discloses all significant transactions occurring during the accounting period; that all
known claims against the Estate have been paid in full; that the first complete advertisement of the grant of
letters was more than four months from the date the account was filed; that, to her knowledge, there are no
claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid.
~. ~,
- ~~~ ,"7), ~~~--:::,Ee(!,
Patricia D. Tepsic, Executrix
Sworn to and subscribed
before me this day
of . 2006.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
(SEAL)
615700.1
. EXlllBlT B
ESTATE OF JEAN M. MILLER
Schedule of Proposed Distribution
TO:
ELIZABETH (BETTY) WOLFE
One-fifth share of estate, Item 3 of Will
PRINCIPAL
Less: previous distribution
INCOME
38,512.65 *
3.000.00 35,512.65
162.93
35,675.58
TO: DEBORAH WOLFE
One-fifth share of estate, Item 3 of Will
PRINCIPAL 37,362.71
Less: previous distribution 1.200.00 36,162.71
INCOME 162.93 36,325.64
TO:
PATRICIA TEPSIC
One-fifth share of estate, Item 3 of Will
PRINCIPAL
Less: previous distributions
INCOME
37,362.71
475.00 36,887.71
162.92
37,050.63
TO: MARK MILLER
One-fifth share of estate, Item 3 of Will
PRINCIPAL
INCOME
37,362.70
162.93 37,525.63
~
TO: MICHAEL J. SPANGLER
One-fifth share of estate, Item 3 of Will
PRINCIPAL
INCOME
37,362.70
162.93 37.525.63
TOTAL PROPOSED DISTRIBUTIONS
184,103.11
~
*Elizabeth Wolfe's principal share exceeds the shares of the other beneficiaries slightly because the
PA Inheritance Tax paid on her share was 3% less. Absent a tax clause in decedent's Will, each
beneficiary bears his or her share of PA Inheritance Tax. Elizabeth's share was taxed at Pennsylvania's
12% sibling rate, whereas the shares of the nieces and nephews were taxed at Pennsylvania's
15% collateral rate. See tax allocation on following page.
~
Doc. #619851
.
.
ESTATE OF JEAN M. MILLER
Calculation of Shares to Beneficiaries
PRINCIPAL
Prinicipal balance on hand
Less Reserves:
Rhoads & Sinon, fees
Patricia Tepsic, fees
Rhoads & Sinon, expenses
Add back distributions
Add back: PA Inheritance Tax
PRINCIPAL BALANCE DIVIDED BY 5 BENEFICIARIES =
INCOME
Income balance on hand
INCOME BALANCE DIVIDED BY 5 BENEFICIARIES =
TAX ALLOCATION
TOTAL PA INHERITANCE TAX DUE
DISREGARDING DISCOUNT
TAX DUE ON (1) 12% INTEREST
TAX DUE ON (4) 15% INTERESTS
TAX PAID ADJUSTED FOR DISCOUNT
4.814.66
28,887.97 =
0.1666666
24.073.31
28,887.97 =
0.8333334
22,998.75 DIV. BY 4 SHS=
12% calc.
PR SHARE 43,112.39
TAX 4.599.75
38,512.65
DOC #619103
15,000.00
7,000.00
900.00
x
x
5,749.69
206,188.47
22.900.00
183,288.47
4.675.00
187,963.47
27.598.50
215,561.97
43,112.39
814.64
162.93
28,887.97
4,814.66
24,073.31
27,598.50
27,598.50 4,599.75
27,598.50 22,998.75
15% calc.
43,112.39
5.749.69
37,362.71
EXlllBll C
r ....-. ..c:
IRREVOCABLE PARTIAL ASSIGNMENT OF BEQUEST
"
t?-f?ri I ·
THIS PARTIAL ASSIGNMENT is executed this;l3f~ day Of,FSBfUary, 2006 by Mark
D. Miller.
WHEREAS, Jean M. Miller (the "Testatrix") died October 18, 2005 leaving a Last Will
and Testament dated August 24, 1982 (the "Will"), which Will was duly probated on November
8, 2005 at the Cumberland County O~ce of the Register of Wills;
,
WHEREAS, pursuant to ITEM 3 of the Will, the rest, residue and remainder of the entire
estate of the Testatrix was given, devised and bequeathed to the following six named individuals,
"share and share alike, per stirpes: 1. Richard S. Miller; 2. Elizabeth A. Wolfe; 3. Patricia D.
Tepsic; 4. Michael J. Spangler; 5. Deborah S. Wolfe; 6. Mark D. Miller" (the "Beneficiaries");
WHEREAS, Richard S. Miller predeceased the Testatrix;
..
WHEREAS, the language of the Will requires that Mark D. Miller receive a one-sixth
(1/6) share of the residue of the Estate of the Testatrix in his own right and a one-sixth (1/6)
share of the residue of the Estate of the Testatrix as the only child of Richard S. Miller;
WHEREAS, it is the desire of Mark D. Miller to honor the bequest of his father, Richard
S. Miller, by distributing his share of the residuary Estate among the named living Miller heirs so
that each living Beneficiary listed in ITEM 3 and living at the death of the Testatrix should
receive an equal share of the residue of the Testatrix's estate, "share and share alike";
WHEREAS, Mark D. Miller is willing to implement his desire for equal distribution by
__ retaining only one-fifth of the bequest of the one-sixth (1/6) share of the residue of the Estate of
the Testatrix that he is receiving as the issue of Richard S. Miller pursuant to ITEM 3(1) and
assigning the remaining four-fifths (4/5) of said bequest to the remaining Beneficiaries living at
the death of the Testatrix, in equal shares (the "Partial Assignment");
WHEREAS, as a result of the Partial Assignment, a one-fifth (liS) share of the bequest of
the one-sixth (1/6) of the residue of the Estate of the Testatrix to Richard S. Miller pursuant to
ITEM 3(1) shall be distributed to each of the following Beneficiaries: Elizabeth A. Wolfe;
Patricia D. Tepsic; Michael J. Spangler; Deborah S. Wolfe.
NOW, THEREFORE, Mark D. Miller, as the only child of Richard S. Miller, for himself,
his heirs and assigns, irrevocably assigns four-fifths of the bequest of the one-sixth share of the
residue of the Estate of the Testatrix that he is receiving as the only child of Richard S. Miller
pursuant to ITEM 3(1), to the following Benefic.iaries: Elizabeth A. Wolfe; Patricia D. Tepsic;
Michael J. Spangler; Deborah S. Wolfe, share and share alike.
595780.1
Further, to implement the said Partial Assignment, Mark D. Miller hereby directs the
Executrix to distribute same directly to each of Elizabeth A. Wolfe, Patricia D. Tepsic, Michael
J. Spangler, and Deborah S. Wolfe.
IN WITNESS WHEREOF, intending to be legally bound hereby, the undersigned has
executed this Partial Assignment as of the day and year first above written.
WITNESS:
~.~
Mark D. Miller'
(SEAL)
.
.
~