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MOV 10 21m ,bIyI
Tax Parcel No. 42-24-0791-164 U537
DECREE AWARDING REAL ESTATE
IN THE COURT OF COMMON ~AS O~\
CUMBERLAND COUNT~ PENNSitv1W,:Ur;;
~C:;O ~ t:.)'...'
ORPHANS COURT DI ~
ESTATE NO. 21-05-~<'p~ ~
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IN RE:
ESTATE OF KATHRYN
ROGERS MOORE, DECEASED,:
LATE OF UPPER ALLEN
TOWNSHIP, CUMBERLAND
COUNTY, PENNSYLVANIA
AND NOW, this 2.1,J day of
~eL(
, 2006,
it appearing that Judy L. Goble, Executrix of the Estate and
under the Last Will and Testament of Kathryn Rogers Moore (also
known as Kathryn E. Rogers), Deceased, dated March 28, 1995,
has stated her First and Final Account of her administration of
said Estate and Proposed Distribution thereof, for the period
ending October 27, 2006, to Judy L. Goble and John D. Rogers,
being all of decedent's children and all of her residuary
beneficiaries under her said Will; and it further appearing
that the said Judy L. Goble and John D. Rogers, decedent's
children and residuary beneficiaries as aforesaid, have
accepted said First and Final Account and Proposed Distribution
as evidenced by their Family Settlement Agreement, executed by
them and filed with the Register of Wills of Cumberland County,
Pennsylvania; and it further appearing that all specific
bequests as set forth under Item SECOND of decedent's Will have
been properly distributed to, and receipt thereof has been
acknowledged by, the specific legatees named therein; and it
further appearing that all taxes and creditors of the Estate
LAW OFFICES
MARLIN R. McCALEB
have been paid in full; and it further appearing that the said
Judy L. Goble and John D. Rogers, are the only persons
interested in the Estate of the Decedent herein; and it further
appearing that the said Executrix proposes to distribute
certain real estate in kind to the said residuary beneficiaries
and desires to avoid the time and expense of a formal
accounting and confirmation; and it further appearing that
there are no other persons interested in the Estate, so that a
formal accounting is not required and is not necessary for the
protection of persons interested in the Estate,
IT IS ORDERED, ADJUDGED AND DECREED that all the right,
title and interest of the said Kathryn Rogers Moore (also known
as Kathryn E. Rogers), Deceased, in and to:
ALL THAT CERTAIN condominium unit situated in Brighton
Place, a Condominium (the "Condominium"), Mechanicsburg,
Upper Allen Township, Cumberland County, Pennsylvania,
designated as Unit No. 537 in the Declaration of
Condominium, dated October 11, 1990, recorded October 12,
1990, in Cumberland County Misc. Book 388, Page 265, and
the Plats and Plans dated October 11, 1990, recorded
October 12, 1990, in Cumberland County Plan Book 61, Page
93, as amended by the First Amendment to Declaration of
Condominium of Brighton Place, a Condominium, dated
October 30, 1991, recorded November 7, 1991, in
Cumberland County Misc. Book 407, Page 92, and Plat
recorded in Plan Book 63, Page 98, and the Second
Amendment to Declaration of Condominium of Brighton
Place, a Condominium, dated November 26, 1991, recorded
November 27, 1991, in Cumberland County Misc. Book 407,
Page 1169, and the Third Amendment to Declaration of
Condominium of Brighton Place, a Condominium, dated March
2, 1992, recorded March 2, 1992, in Cumberland County
Misc. Book 413, Page 59, and Plat recorded in Plan Book
64, Page 12, and the Fourth Amendment to Declaration of
Condominium of Brighton Place, a Condominium, dated May
21, 1993, recorded May 21, 1993, in Cumberland County
Misc. Book 444, Page 985, and Plat recorded in Plan Book
66, Page 34, and the Fifth Amendment to Declaration of
Condominium of Brighton Place, a Condominium, dated
LAW OFFICES
MARLIN R. McCALEB
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LAW OFFICES
MARLIN R. McCALEB
August 10, 1993, recorded August 11, 1993, in Cumberland
County Misc. Book 451, Page 517, and Plat recorded Plan
Book 66, Page 100, and the Sixth Amendment to Declaration
of Condominium of Brighton Place, a Condominium, dated
and recorded February 8, 1964, in cumberland County Misc.
Book 465, Page 1040, and Plat recorded Plan Book 67, Page
84, and the Seventh Amendment to Declaration of
Condominium of Brighton Place, a Condominium, dated July
18, 1994, and recorded July 19, 1994, in Cumberland
County Misc. Book 478, Page 292, and under the provisions
of the Uniform Condominium Act of the Commonwealth of
Pennsylvania (Act of July 2, 1980, P.L. 286, No. 82) (the
"Act") ;
TOGETHER with all right, title and interest of, in and to
the Common Elements as more fully set forth in the
aforesaid Declaration of Condominium and Declaration
Plans, as amended from time to time;
The Grantees, for and on behalf of the Grantees and the
Grantees' heirs, personal representatives, successors and
assigns, by the acceptance of this Decree, covenant and
agree to pay such charges for the maintenance of, repairs
to, replacement of and expenses in connection with the
Common Elements as may be assessed from time to time by
the Executive Board in accordance with the Act and
further covenant and agree that the unit conveyed by this
Decree shall be subject to a charge for all amounts so
assessed and that, except insofar as applicable sections
of the Act may relieve a subsequent unit owner of
liability for prior unpaid assessments, this covenant
shall run with and bind the land or unit hereby conveyed
and all subsequent owners thereof;
The Grantees, for and on behalf of the Grantees and the
Grantees' heirs, personal representatives, successors and
assigns, by acceptance of this Decree, acknowledge that
this conveyance is subject in every respect to the
Declaration, the Declaration Plans, By-Laws and all
amendments thereto. The Grantees further acknowledge
that each and every provision of the foregoing is
essential to the best interest and for the benefit of all
unit owners therein. Grantees and all owners of units in
said Condominium covenant and agree, as a covenant
running with the land, to abide by each and every
provision of said documents;
UNDER AND SUBJECT to easements, covenants, restrictions,
reservations and rights-of-way of record;
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LAW OFFICES
MARLIN R. McCALEB
TOGETHER will all the hereditaments and appurtenances
thereunto belonging or in anywise appertaining and the
reversions and remainders, rents, issues and profits
thereof and all the estate, right, title, interest,
property, claim and demand whatsoever of the Grantor, in
law, equity or otherwise, of, in and to the same and
every part thereof;
is hereby awarded unto JUDY L. GOBLE and JOHN D. ROGERS, as
tenants in common, pursuant to Item THIRD of said Last Will and
Testament.
IT IS FURTHER ORDERED AND DIRECTED that a certified copy
of this Decree be recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, among the
deeds recorded in said Office, said Decree to be indexed in the
Grantor Index against KATHRYN ROGERS MOORE, also known as
KATHRYN E. ROGERS, and in the Grantee Index to JUDY L. GOBLE
and JOHN D. ROGERS, pursuant to Section 3536 of the Probate,
Estates and Fiduciaries Code (20 Pa. C.S.A. 3536).
BY THE COURT,
J.
I do hereby certify that the precise residence and
complete post office address of the within named Grantees is:
537 Brighton Place, Mechanicsburg, PA 17055.
Attorney for Grantees
(N. T . S . )
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LAW OFFICES
MARLIN R. McCALEB
IN RE:
ESTATE OF KATHRYN
ROGERS MOORE, DECEASED,:
LATE OF UPPER ALLEN
TOWNSHIP, CUMBERLAND
COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
ESTATE NO. 21-05-0682
PETITION FOR DECREE AWARDING REAL ESTATE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Judy L. Goble, Executrix under the Last
Will and Testament of Kathryn Rogers Moore, Deceased, by and
through her attorney, Marlin R. McCaleb, Esquire, respectfully
represents as follows:
1. Kathryn Rogers Moore, also known as Kathryn E. Rogers,
the decedent herein, died testate on June 20, 2005, a resident
of Upper Allen Township, Cumberland County, Pennsylvania,
having first made her Last Will and Testament dated March 28,
1995.
~. At the time of her death, the decedent was not married
a~~s survived by two children, namely: John D. Rogers and
~e-:
J: ~. Goble.
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~~~. Letters Testamentary herein were issued by the
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Re~~~r of Wills of Cumberland County, Pennsylvania, to Judy
L. Goble, the Petitioner herein, pursuant to said Last Will and
Testament.
4. The assets of the decedent's estate include a certain
condominium unit known and numbered as 537 Brighton Place,
Upper Allen Township, Cumberland County, Pennsylvania.
5. On or about April 28, 2006, Petitioner prepared and
filed with said Register of Wills an Inventory of the assets of
said Estate, showing total assets in the amount of $457,216.83,
including the aforesaid condominium unit valued at $130,000.00.
6. Petitioner has prepared and filed with said Register a
Pennsylvania Inheritance Tax Return for this Estate and has
paid Pennsylvania inheritance tax in the total amount of
$26,756.46, as evidenced by the notice dated October 23, 2006,
attached hereto and made a part hereof, marked Exhibit "A", and
a certain receipt, attached hereto and made a part hereof,
marked Exhibit "B".
7. All debts and obligations of the decedent have been
paid in full and there are no unpaid creditors of the Estate.
8. All of the specific bequests set forth in decedent's
said Last Will and Testament have been paid and delivered to,
and received by, the beneficiaries named therein.
9. Your Petitioner has informally stated her First and
Final Account and Statement of Proposed Distribution, in which
she proposes to distribute the residue of said Estate,
including the real estate described in Paragraph 4, above, to
John D. Rogers and Judy L. Goble, pursuant to Item THIRD of
said Last Will and Testament. Your Petitioner proposes to
distribute the said real estate in kind to the said residuary
beneficiaries.
10. John D. Rogers and Judy L. Goble, residuary
beneficiaries as aforesaid, have accepted said Account and
Proposed Distribution by way of a Family Settlement Agreement
LAW OFFICES
MARLIN R. McCALEB
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executed by them on November 8, 2006, and filed with said
Register of Wills on November 17, 2006.
11. There are no persons interested in this Estate who
have not joined in the aforesaid Family Settlement Agreement.
12. Your Petitioner desires to avoid the time and expense
of a formal accounting and confirmation that has been rendered
unnecessary because of the foregoing facts and circumstances.
WHEREFORE, your petitioner respectfully requests your
Honorable Court to issue a Decree Awarding Real Estate
transferring decedent's real estate in kind to John D. Rogers
and Judy L. Goble, residuary beneficiaries, without the filing
of an official First and Final Account and confirmation of
same.
~~~
Date: November 20, 2006
Attorney 1.0. No. 06353
219 East Main Street
P.O. Box 230
Mechanicsburg, PA 17055
(717) 691-7770
FAX: (717) 691-7772
Attorney for Estate of Kathryn
Rogers Moore
LAW OFFICES
MARLIN R. McCALEB
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COMMONWEALTH OF PENNSYLVANIA)
SS
COUNTY
OF
CUMBERLAND)
Judy L. Goble, being duly sworn according to law deposes
and says that she is the petitioner in the foregoing Petition
for Decree Awarding Real Estate; and that the facts set forth
therein are true and correct to the best of her knowledge,
subscribed before me
y f November, 2006.
information and belief.
Notarial Seal
MarlIn R. McCaleb. Notary Public
Mectlanlcsburg Boro. Cumberland County
My Commission Expires Dec. 14.2006
Member, Pennsylvania Association Of Notaries
LAW OFFICES
MARLIN R. McCALEB
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Appeal Dat~: 12-22-2006
(See reverse side under Objections)
Amount Remitted I I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
Register ,of Wills
Cumberland County Courthouse
Carlisle, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECO~DS ~
. -REV:154Yex-(CfS-Cfsfpc - U - - - - - - - - - - -Nolie-E- bTfNtfERifANce-i';'\5CAiipRAis-EMe-Nt-, -ALIowAJ,fce-oR U U - - -.... - - - - - -- -.. u_ - - - - - - uu_
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
MOORE KATHRYN R FILE NO. 2105-0682 ACN 101
TAX RETURN WAS: (181) ACCEPTED AS FILED (0) CHANGED
RESERVATION CONCERNiNG FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
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. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
B. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 26,313.52
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 546.54
11. Total Deductions (11) 26,860.06
12. Net Value ofTax Return (12) 590, 168.B5
13. Charitable/Govemmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) 0.00
14. Net Value of Estate Subject to Tax (14) 590,168.B5
NOTE: If an assessment was Issued previously, lines 14, 15 and/or 16,17 and 18 will reflect figures
that include the total of ALL returns assessed to date.
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BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NO.
COUNTY
ACN
MARLIN R MCCALEB ESQ
M R MCCALEB LAW OFFICES
PO BOX 230
MECHANICSBURG PA 17055
ESTATE OF
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
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 taxable at Sibling rate
1 B. Amount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
REV.1547 EX (06-05) PC
10-23-2006
MOORE
06-20-2005
21 05-0682
Cumberland
101
KATHRYN
R
DATE 10-23-2006
130,000.00
16,091.97
0.00
0.00
311,124.86
7,012.21
152,799.87
(B)
NOTE: To Insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
617,028.91
(15) 0.00 X.OO 0.00
(16) 590,16B.B5 X.045 26,557.60
(17) 0.00 X.12 0.00
(1B) 0.00 X .15 0.00
(19) 26,557.60
PAYMENT RECEIPT DISCOUNT (+)
DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID
04-2B-2006 CD006628 -141.90 26,699.50
BALANCE OF UNPAID INTEREST/PENALTY AS OF 04-29-2006 TOTAL TAX CREDIT 26,557.60
BALANCE OF TAX DUE 0.00
INTEREST 56.96
TOTAL DUE- 56.96
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
(IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A CREDIT (CR), YOU MAY BE DUE
A REFUND, SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
Exhibit "A"
.
. . COMMONWEALTH OF PENNSYLVANIA
, DEPAR';~ENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
MCCALEB MARLIN R
219 E MAIN STREET
MECHANICSBURG, PA 17055
_____n_ fold
ESTATE INFORMATION: SSN: 232-42-2567
FILE NUMBER: 2105-0682
.
DECEDENT NAME: MOORE KATHRYN ROGERS
DA TE OF PAYMENT: 11/03/2006
POSTMARK DATE: 11/03/2006
COUNTY: CUMBERLAND
DATE OF DEATH: 06/20/2005
NO. CD 007389
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $56.96
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TOTAL AMOUNT PAID:
$56.96
REMARKS: MCCALEB MARLIN R
CHECK#1067
SEAL
INITIALS: AJW
RECEIVED BY:
TAXPAYER
Exhibit "B"
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
.... .0 ." '_, ,.,.....
In Re: DECREE AWARDING REAL ESTATE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-2006-0682
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/22/2006
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 11/22/2006
IN RE: DECREE AWARDING REAL ESTATE
""",...............",..."""",...",..",.,,""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
MARLIN R. MCCALEB
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
D HAND DELIVERED
IZI OTHER Box in ProthonotarY's Office
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 11-27-2006
..""""""""""""""""""",,"""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: