HomeMy WebLinkAbout01-0597
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of ,1Y)1~//1J1Y} .. Cor/l~cd) No. r2/-~/-.g-9 7'
also known as To:
Register of Wills for the
. Deceased. County of Cumberland in the
Social Security No. ,;l. 01./ 0/ ..S 04 ( Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executCf~
in the last will of the above decedent, dated re8r<<... ry ~
and codicil(s) dated
named
..-t9 coZ 0 (.' t-
,-
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in C~,II"ltJ-er/.t)A cf
h e,...- ~ast family o~nci:r residence at '-~- "c<.)y J(,.-7",.
( ta 1. J AA../..~ '-"'.A
(list street, number and muncipality)
County, PennSYl~a, with
Sf./'Ani"J/f> ,dA
, r
Decendent, then 7 '1 years of age, died .J <A /Ie- / '7 , w z C" I ,
at C/i r /,'SI t /-r'tJf A'r - -j-Ci I
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$ z;..o{'o..:Jo
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters Testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron.
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OATH OFPERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY OF Cumberland J
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Mary
/&'--.239-3/
affirmed and
22nd
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No.
21-2001-597
Estate of
MIRIAM CORl\MAN
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW June 2~Th r ~ ?om in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated February 26th, 2000
described therein be admitted to probate and filed of record as the last will of
MIRIAM CORNMAN
TESTAMENTARY
WILLIAM E. CORNMAN
and Letters
are hereby granted to
FEES
Probate, Letters, Etc. {<??~l?-}.. $ 25.00
Short Certificates(l ) . . . . . . . . .. $ 3.00
Renunciation ................ $
x-Pages (3) $ 9.00
JCP TOTAL _ $ 5.00
Filed .~. .~~~~.'.~~9~....... .~~?~~.~.. .
ATTORNEY (Sup. Ct. I.D. No.)
ADDRESS
PHONE
CALL EXECU'IOR WHEN LETTER ARE FINISHED AT
249-1170 .
.
.
.
,.., LAST WILL & TESTAMENT,..,
(Pour-over Will)
MIRIAM CORNMAN
21-2001-597
I, MIRIAM CORNMAN, a resident of Cumberland County, State of
Pennsylvania, revoke any prior Wills and Codicils and make this my Last Will &
Testament.
ARTICLE ONE
- Payment of Expenses & Taxes -
I instruct my Personal Representative to make payments from my estate viz:
1. Except to the extent paid by United States obligations accepted by the United
States Treasury Department at par in payment of federal estate taxes that are assets
of the -
CO~MILYTRUST
Dated: 2.~ , 2-o-nJ
and that are required to be applied by the Trustee of said Trust in payment of
federal estate taxes that become due because of my death, my Personal
Representative shall pay said federal estate taxes by first applying to such payment
any such United States obligations that are assets of my estate.
2. My Personal Representative shall pay from the residue of my estate or shall
direct the Trustee of said Trust to pay, or both, as determined in the sole discretion
of my Personal Representative, the expenses of my last illness and funeral, valid
debts, expenses of administering my estate, including non-probate assets, and any
estate or other death taxes which become due because of my death, including any
interest and penalties.
3. It is the purpose and intent of this Paragraph (and Sub-Paragraphs) that, so
far as is practical, any estate taxes paid shall be paid out of my entire estate whether
passing by this Will or otherwise concerning property over which I possessed a
general power of appointment, before distribution to any beneficiary:
3.1. If estate (or income) tax or any part thereof is paid by, or collected out of,
that part of my estate passing to or in the possession of any person other than my
Personal Representative, in its capacity as Personal Representative, such person
shall be entitled to reimbursement out of any part of my estate, or otherwise, still
undistributed. Such reimbursements may be by a just and equitable contribution by
the persons whose interest in my estate would have been reduced if the tax had been
paid before distribution or whose interest is subject to equal or prior liability for the
payment of taxes, debts, or other charges against my estate.
3.2. If any part of my gross estate on which estate tax has been paid consists
of the value of property included in my gross estate under IRC Section 2041, my
1
.
.
.
Personal Representative shall be entitled to recover from the person (or persons,
prorata if more than one recipient) receiving such property by reason of the exercise,
nonexercise, or release of a power of appointment, such portion of the total tax paid
as the value of such property bears to the taxable estate.
3.3. In the case of any such property received by my spouse for which a
deduction is allowed under IRC Section 2056 (relating to the marital deduction), this
Paragraph (and Sub-Paragraphs) shall not apply to such property except as to the
value thereof reduced by an amount equal to the excess of the aggregate amount of
the marital deductions allowed under Section 2056.
3.4. If any part of my gross estate consists of property which is includible in
my gross estate by reason of IRC Section 2044, relating to certain property for which
a marital deduction was previously allowed, my estate shall be entitled to recover
from the person receiving the property the amount by which the total tax which has
been paid exceeds the total tax which would have been payable if the value of such
property had not been included in my gross estate.
3.5. My Personal Representative may (i) exercise all of the foregoing elections
and any others available under any tax law, to obtain, to the extent practicable, both
the optimum reduction in my estate taxes and in the income taxes estimated to be
payable by my estate or the beneficiaries thereof, any business interests in my estate
and the optimum deferral of all of those taxes, (ii) make adjustments between
income and principal amounts and to allocate the benefits from any election among
the various beneficiaries of my estate, and (iii) compensate for the consequences of
any election that it believes has had the effect of preferring one beneficiary or a
group of beneficiaries of my estate over others.
3.6. All such foregoing elections and adjustments shall not, however,
diminish any portion that would create an adverse taxable event to my estate or
beneficiaries thereof.
ARTICLE TWO
- Specific Allocations -
I give and bequeath the following:
1. I give all of my tangible personal property (unless such has been transferred to,
and otherwise designated in, said Trust) to my husband if he survives me, or if he does
not survive me, to the Trustee of the -
CO~NFAMULYTRUST
Dated: ! 2-(;; . 2.c-.nJ
2. I give all interests in real property used by me or my husband for residential
purposes, and all real estate contiguous to or used in conjunction with such
property, to my husband if he survives me (unless such property has been transferred to,
and otherwise designated in, said Trust).
2
.
.
.
ARTICLE THREE
- Estate Residue Disposition-
I give the rest, residue and remainder of my estate, that may not have been
transferred to said Trust during my lifetime, consisting of all the property I can
dispose of by my Will and not effectively disposed of by the preceding Articles of
this Will, to the Trustee of said Trust, as amended and existing at my death, in order
to be added to and disposed of as a part of the assets of such Trust.
ARTICLE FOUR
- Personal Representative Appointment -
I hereby nominate and appoint my husband, WILLIAM E. CORNMAN, to serve
as the Personal Representative of my Will.
1. My husband shall have the power to nominate any additional or Successor
Personal Representative.
2. If my husband is unable or unwilling to serve, then I hereby nominate
RONALD L. CORNMAN & TRACIE CORNMAN to serve together; or, one shall
serve alone if the other is unwilling or unable to serve.
ARTICLE FIVE
- Fiduciary Provisions -
The following shall apply to my Fiduciary / Personal Representative:
1. Administrative Powers:
My Personal Representative, in addition to all other powers conferred by law
that are not inconsistent with those contained herein, shall have the power,
exercisable without authorization of any court to (i) sell at private or public sale, to
retain, to lease, and to mortgage or pledge for the purpose of borrowing money, any
or all of the real or personal property of my probate estate (if any), (ii) make partial
distributions from my probate estate (if any) from time to time and to distribute the
residue in cash or in kind or partly in each, and for that purpose to determine the
value of property distributed in kind, and (iii) sell to, buy from, lend to, and borrow
from the Trustee of said Trust even though such Trustee may be the same as my
Personal Representative.
2. Administrative Provisions:
2.1. I direct unsupervised administration of my estate and that my probate
estate (if any) be administered in as informal a manner as my Personal
Representative deems advisable and as applicable law permits. No bond or other
indemnity shall be required of any Personal Representative. I expressly waive any
requirement that any Trust created by me be submitted to the jurisdiction of any
court, or that the Trustee of such Trust(s) be appointed or confirmed, or that their
accounts be heard by any court. This waiver shall not prevent any Trustee or
beneficiary from requesting any of these procedures.
3
.
2.2. To effect the nomination of my Personal Representative, the person
possessing the nomination shall file with the court, having jurisdiction over my
estate, at any time after the date of my death. If a 3D-day period lapses during which
no Personal Representative is acting hereunder and no nomination is filed with the
court, a statement that a designated person or entity is nominated as an additional
or Successor Personal Representative shall be filed, by the heirs (beneficiaries) of my
estate, to effectively appoint a Successor Personal Representative on my behalf.
ARTICLE SIX
- Postmortem Directives -
I have no specific directives concerning the disposal of my body or a memorial
service other than those arrangements I have made, either verbally or expressly,
with my Personal Representative or family member(s) or other entity.
ARTICLE SEVEN
- Contents of Will, Testimonial and Attestation Provisions -
This Last Will & Testament consists of seven (7) Articles (this Article inclusive)
and four (4) pages. Following this (final) Article Seven is an unnumbered page
containing a self-proving affidavit.
. )~~NESS WH~E ....., I HAVE HEREUNTO SET MY HAND AND SEAL THIS
DAYOF~~ ~.
, x'~~
MIRIAM CORNMAN
Signed, sealed, published and declared by the above named Testatrix as (and for)
her Last Will & Testament in our presence who, at her request, in her presence and
in the presence of each other, have hereunto subscribed our names as witnesses.
x
~.R
A{ddre~.,. ;
cf~ /~
Address /'
x
scribed, sworn to and acknowle
~~ ~ayof
2 d7rr>
NOTARY SEAL:
.
Notarial Seal
Pauline T. Serfass. Notow Public:
Milford TWR.. Bucks County
My Commission Expll'96 Jan. 'Z7. U1
ember Peflnsylvani3 Association of Notari~
4
.
.
.
- AFFIDAVIT OF TESTATRIX-
STA TE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, MIRIAM CORNMAN, the Testatrix of the within, hereby certify that I executed
my signature on said Will this - ~
o?~~ayof, ~
I further certify that I requested signatures as witnesses to my Last Will & Testament
from the following individuals:
~'##J .1 /-4~//~
Witness Name
(and)
/lJ /~E II ~//)
Witness Name
x ~ ~c:t-v<-
MIRIAM CORNMAN
- AFFIDAVIT OF WITNESSES -
We, l~"'&'7 /. /~;* & /l~er- / ~//r- , (the
witnesses), being first duly sworn, do depose and say to the undersigned authority
that we witnessed the Testatrix's execution of her Last Will & Testament and that
she signed it willingly and that each of us, in the presence and hearing of the
Testatrix, hereby sign herein as witness to the Testatrix's signing, and that to the best
of our knowledge the Testatrix is eighteen years of age or older, of sound mind,
under no constraint or undue influence and competent to make testamentary
disposition of real and personal property.
x WP;~ /71 ~
x (2t1/~
Witness
,
,
Subscribed, sworn to and acknowl
'J / t!.
t7<-. So day of
~,/2
~ ff'.
Address
NOTARY SEAL:
Notarial Seal
Pauline T Serfass. Notary Public
Milford Twp., Bucks County
My Commission Expires Jan. 2/. 2Q81
ember Pennsylvania Association of Notaria~
I~
f-
CERTIFCATION OF NOTICE UNDER RULE 5.6(A)
Name of Decedent:
h? A~...~ ;If'. .-e~.J'YVf~
Date of Death:
J ,,-< J Z- p I
.;) I - () I -.- /~ 97 Admin No.:
Will No.:
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules
was served on or mailed to the following beneficiaries of the above-captioned estate on
Name
Address
t.u ~~ .~ .~ ~.a/"t.
If, ()-Y7 dd "i( ./ ~~-"!1
.5-), 5 uJ. S~~ S.-r. ~ ~4
S:2$W 5'A-M#,s:l-- L~
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Date: '1- :2-, -c J
/AJ~~~./ /~~_____
Signature
WI/llllnt L: r::~I'-;-/tYlt4";
.
Name
5' .j ~ l.lj. .:56 U. ;- 11 ~ C)ttJ /1 J IG/~
Address
./ '14"-1//7d
Telephone
Capacity: D Personal Representative
B-"Counsel for personal representative
Register of Wills &
Clerk of the Orphans' Court
JERRY R. DUFFIE, ESQ.
Solicitor
One Courthouse Square
Carlisle, Pa 17013
(717) 240-6345
FAX (717) 240-7797
OFFICES OF
3Rtgisitr nf Bills ana OIltrh nf iqt (Wrpqans' OInun
Cl!ounrll of Cl!umh2rmnh
May 30, 2003
RE: Miriam Cornman
No. 21 - 2001 - 00597
Laurel Fulmer
Commonwealth of Pennsylvania
Department of Revenue
Harrisburg P A. 17128
Dear Laurel:
Here is the information you requested I fax to you per our phone conversation on the 30th
of May.
The surviving spouse of Miriam came to our office because he was told he needed a short
certificate to close out his wife's account in the amount of $204.00. Miriam's husband
never filed the Rev. 1500 and Mr. Cornman has since passed away. Since Mr. Cornman
cannot sign a Rev. 1500 could the tax due be waived since it is for such a small amount
of money?
If you have any question please do not hesitate to contact me.
Thank you in advance.
Donna M. Otto
Register of Wills Office
,'. ~..
\...UllUJt::L.LclHU \...OUDCY - Keglscer u:r Wl.L.LS
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 5/07/2003
CORNMAN WILLIAM E
525 WEST SOUTH STREET
CARLISLE, PA 17013
RE: Estate of CORNMAN MIRIAM
File Number: 2001-00597
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 6/17/2003
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~ <;no Dtto;W-~/~
DONNA M. OTTO ~',l#j
DEPUTY REGISTER OF WILLS
cc: File
Counsel
Judge
(p~5/o 3
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STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Date of Death:
Will No.:
Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes 0 No 0
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes No 0
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties
in interest? Yes 0 No 0
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk of the Orphans' Court
and may be attached to this report.
Date:
Signature
Name
Address
Telephone No.
Capacity: 0 Personal Representative
o Counsel for personal representative
~BUREAU OF INDIVIDUAL TAXES
INHERITlNCE TAX DIVISION
DEPT. Z80601
HARRISBURG, PA 171Z8-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
RECORD ADJUSTMENT
I C,-dc;JCJ.; 3
*'
REV-159S EX RFP (Dl-03)
~TE
'!I;STATE OF
DATE OF DEATH
FILE NUMBER
g1(F~TY
ACN
Recui. \,
flEe!
WILLIAM E CORNMAN
525 W SOUTH ST
CARLISLE PA 17013
'03 ,JUN 25
c.cj,
Curntj[ .-
06-09-2003
CORNMAN
06-17-2001
21 01-0597
CUMBERLAND
101
MIRIAM
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
RE-v:i5~j-Ex--AFii-(Oi-:o3)------.ii-iN1iERi-fANc-E-TA-i-RE-CORO--ADj-USTM-ENT--..-----------------------------
ESTATE OF CORNMAN
MIRIAM
FILE NO. 21 01-0597
06-09-2003
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Hortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Hisc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adllinistrative Costs/
Hiscellaneous Expenses (Schedule H)
Debts/Hortgage Liabilities/Liens (Schedule I)
Total Deductions
Net Value of Tax Return
Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J)
Net Value of Estate Subject to Tax
ADJUSTHENT BASED ON:
VALUE OF ESTATE:
ADMINISTRATIVE CORRECTION
10.
11.
12.
13.
14.
TAX:
15. Allount of Line 14 at Spousal rate
16. Allount of Line 14 taxable at Lineal/Class A rate
17. Allount of Line 14 at Sibling rate
18. Allount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
ACN 101
DATE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
.00
.00
.00
(8)
.00
(9)
nO)
.00
.00
(11)
(12)
(13)
(14)
.00
.00
.00
.00
(15)
(16)
(17)
(18)
.OOX 00 =
.OOX 045=
.OOX 12 =
.OOX 15 =
(19)
.00
.00
.00
.00
.00
r-,,, nen II l+J AHOUNT PAID
DATE NUHBER INTEREST/PEN PAID (-)
TOTAL TAX CREDIT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A ..CREDIT" (CR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.)
PAYMENT:
Detach the tDP pDrtiDn Df this NDtice and submit with YDur payment made payable tD the name and address
printed Dn the reverse side.
-- Make check Dr IIDney Drder payable tD: REGISTER OF WILLS, AGENT.
REFUND (CR): A refund Df a tax credit, which was nDt requested Dn the Tax Return, may be requested by cDmpleting an
"ApplicatiDn fDr Refund Df Pennsylvania Inheritance and Estate Tax" (REY-13l3). ApplicatiDns are available at
the Office Df the Register Df Wills, any Df the 23 Revenue District Offices Dr frDII the Department's 24-hDur
answering service fDr fDrms Drdering: 1-800-362-2050, services fDr taxpayers with special hearing and I Dr
speaking needs: 1-800-447-3020 (TT Dnly).
REPLY
TO:
QuestiDns regarding errDrs cDntained Dn this nDtice shDuld be addressed tD: PA Department Df Revenue, Bureau
Df Individual Taxes, ATTN: PDSt Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, PhDne
(717) 787-6505.
DISCOUNT:
If any tax due is paid within three (3) calendar mDnths after the decedent's death, a five percent (570) discDunt
Df the tax paid is allDwed.
PENALTY:
The 1570 tax amnesty nDn-participatiDn penalty is cDmputed Dn the tDtal Df the tax and interest assessed, and nDt
paid befDre January 18, 1996, the first day after the end Df the tax amnesty periDd.
INTEREST:
Interest is charged beginning with first day Df delinquency Dr nine (9) mDnths and Dne (1) day frDm the date of
death tD the date of payment. Taxes which became delinquent befDre January 1, 1982 bear interest at the rate Df
six (670) percent per annum calculated at a daily rate Df .000164. All taxes which became delinquent Dn and after
January 1, 1982 will bear interest at a rate which will vary frDm calendar year tD calendar year with that rate
annDunced by the PA Department Df Revenue. The applicable interest rates fDr 1982 thrDugh 2003 are:
Interest Daily Interest Daily Interest Daily
Year Rate FactDr Year Rate FactDr Year Rate FactDr
1982 2070 .000548 1987 970 .000247 1999 77. .000192
1983 1670 .000438 1988-1991 llZ .000301 2000 870 .000219
1984 llZ .000301 1992 970 .000247 2001 970 .000247
1985 1370 .000356 1993-1994 77. .000192 2002 670 .000164
1986 1070 .000274 1995-1998 970 .000247 2003 570 .000137
--Interest is calculated as fDllDws:
INTEREST = BALANCE OF TAX UNPAID X NU"BER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any NDtice issued after the tax beCDmes delinquent will reflect an interest calculatiDn tD fifteen (15) days
beYDnd the date Df the assessment. If payment is made after the interest cDmputation date shDwn Dn the
NDtice, additiDnal interest must be calculated.
REV.~470 EX (8-88~
*'
INHERITANCE TAX
EXPLANATION
OF CHANGES
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG PA 17128-0601
DECEDENT'S NAME
MIRIAM CORNMAN
FILE NUMBER
REVIEWED BY
Phyllis Hoch
ACN
2101-0597
101
ITEM
SCHEDULE NO.
EXPLANATION OF CHANGES
COMMONWEALTH APPRAISEMENT PRODUCED TO WAIVE FILING REQUIREMENT.
ROW
PaQe 1