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Home My WebLink About09-04-080 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In the Matter of the Estate of ID No. 21-07-00693 Elizabeth E. Eshelby, late of ; cc~ q Carlisle, Cumberland County, Administratrx: Barb. Bair `° -~-- =?-~~ Pennsylvania, deceased ~~a~ ~ ~_._ ~,~'~" > ~ --rr PETITION TO SETTLE INSOLVENT ESTATE ~~c~'~ ~ c ~.p -~7 ~'=3 i ay. ;~ ~ ' ~ ."~` ~~.7 ~~ ~ ~ TO THE CLERK OF THE ORPHANS' COURT: ~ ~ r~' c`' rv crt ,.~~ , AND NOW comes, Luther E. Milspaw, Jr., Esquire, attorney of record in the Estate of ELIZABETH E. ESHELBY, and petitions this Court to settle an insolvent estate at the above number and in support thereof, avers as follows: 1. Petitioner, BARBARA L. BAIR, whose current address is 77 Beechcliff Drive, Carlisle, Pennsylvania, is the daughter of the decedent, ELIZABETH E. ESHELBY. 2. ELIZABETH E. ESHELBY, the Decedent, died intestate September 13, 2006, and was formerly a resident of 77 Beechcliff Drive, Carlisle, Cumberland County, Pennsylvania. 3. Your Petitioner, BARBARA L. BAIR, was duly designated as Administratrx by the Register of Wills in and for Cumberland County at Carlisle, Pennsylvania. 4. Letters of Administration were duly granted to your Petitioner on July 23, 2007 and no bond was required of the personal representative. 5. The beneficiaries of the Estate of ELIZABETH E. ESHELBY, are her children, BARBARA L. BAIR; VICTORIA APPLE; and ELIZABETH HOFFMAN, all of whom are adult individuals and agree to the filing of this Petition so that no formal accounting is necessary. 6. A Pennsylvania Inheritance Tax Return was filed with the Department of Revenue on March 5, 2008. 7. On or about, May 12, 2008, attorney for the Estate received Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax. A true and correct copy of said correspondence is attached hereto, incorporated herein by reference and marked "Exhibit A". 8. Your Petitioner knows of no other outstanding taxes, debts or obligations due by the said Decedent or by the Decedent's estate other than as herein alleged. 9. The Grant of Letters of Administration have been duly advertised as required by law. 10. The assets of the Decedent known to your Petitioner are: PNC Bank Checking Account (No. xxxxxx9511) $2,863.46 1990 Buick Park Avenue (does not run) 1 000.00 Clothing and miscellaneous household items (donated to Goodwill) 250.00 TV and VCR (approximately 7 years old) 100.00 Costume jewelry (donated to Goodwill) 200.00 TOTAL ASSETS: $ 4,413.46 11. Since Letters of Administration have been taken out, your Petitioner has used a portion of her own funds to make the following disbursements of the Estate: Glenda Farner Strasbaugh, Register of Wills Probate Fees $ 86 00 The Patriot-News, publication fees (no charge) . 0.00 Cumberland Law Journal, publication fees 75.00 Hetrick Funeral Home 960 00 Discover Card . 8 985.64 West Shore EMS , 641 52 West Shore Pathology . 43.53 Burick Azizkhan, M.D. 254.44 Spirit Physician 31.36 Zlotoff, Gilfert, & Gold 66.28 PA Orthopedic Institute 26 99 Silver Spring Ambulance . 71.96 Kantor & Ktach, M.D. 27.50 Central Pulmonary 242.20 Kunkel Associates 19.12 Heritage Medical Group, Inc. 14.32 Camp Hill ER Physicians 40.27 Holy Spirit Hospital 109.50 Physicians of Rehabilitation, Industrial & Spine Medicine 20.91 Luther E. Milspaw, Jr., Esquire, attorneys' fees 1,500.00 Glenda Farner Strasbaugh, Register of Wills Filing PA Inheritance Tax Return 15.00 Glenda Farner Strasbaugh, Register of Wills, Filing Petition to Settle Insolvent Estate 15.00 12. 13. TOTAL DISBURSEMENTS $13,246.54 The assets of the Estate totaling $4,413.46, as set forth in Paragraph 10, were insufficient to pay all proper charges and claims against the Estate totaling $13,246.54, as set forth in Paragraph 11. Notice of the presentation of this petition has been given by first class mail to all parties and/or counsel known to Petitioner to have an interest in or claim against the estate who have not joined in this petition. WHEREFORE, Petitioner prays your Honorable Court to dismiss all future charges and claims against the estate and discharge Petitioner, Barbara L. Bair, from her duties as Administratrix. LUTHER`. MILSPA~; Jr. Attorney ID No. 19226 130 State Street ~ P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: September 2, 2008 VERIFICATION We, BARBARA L. BAIR, VICTORIA APPLE, and ELIZABETH HOFFMAN, hereby verify that the statements made in the foregoing are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ~ ~ , 2008 Dated: `l ~_ , 2008 Dated: ~7/~- 2008 L ` __. Barbara L. Bair Victoria Apple Elizabet offman Exhibit `~A" BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17126-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE 05-12-2008 ESTATE OF ESHELBY ELIZABETH E LUTHER E MILSPAW JR 130 STATE ST PO BOX 946 HBG PA 17101 DATE OF DEATH 09-13-2006 FILE NUMBER 21 07-0693 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 07-11-2008 _ (See reverse side under Objections) Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE --~ RETAIN LOWER PORTION F ------------------------ --------- OR YOUR RECORDS ~ ------------- REV-1547 EX AFP C03-05) NOTICE OF INHERITANCE TAX AP _ _____________ PRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AN D ASSESSMENT OF TAX ESTATE OF ESHELBY ELIZABETH E FILE N0. 21 07-0693 ACN 101 DATE 05-12-2008 TAX RETURN WAS: ( ) ACCEPTED AS FIL ED ( X) CHANGED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE INT EREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) (1) .00 NOTE: To insure proper 3. Closely Held Stock/Partnership Interest (Schedule C) (2) ,00 (3) .00 credit to your account, submit the upper portion 4. Mortgages/Notes Receivable (Schedule D) of this form with your 5. Cash/Bank Deposits/MYsc. Personal Property (Schedule E) (4) .00 (5) 1.550.00 tax payment. 6. Jointly Owned Property (Schedule F) (6) 2,863.46 7. Transfers (Schedule G) 8. Total Assets (7) .00 (a) 4,413.46 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 4,2 01.00 10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) 10 59 11. Total Deductions . 5.54 12. Net Value of Tax Return (11) 14,796.4 13. Charitable/Governmental Bequests; Non-elected 9113 T (12) t 10,383.08- rus 14. Net Value of Estate Subject to Tax s (Schedule J) (13) .00 (14) 10,383.08- NOTE: If an assessment was issued previously, lines reflect figures that in l d 14, 15 and/or 16, 17, 18 and 19 will c u e the total of ALL ASSESSMENT OF TAX: returns assessed to date. 15. Amount of Line 14 at Spousal rate (15) .00 00 00 16. Amount of Line 14 taxable at Lineal/Class A rate (16) X .00 X 045 _ . = 00 17. Amount of Line 14 at Sibling rate C17) .00 X 12 . _ 00 18. Amount of Line 14 taxable at Collateral/Class B rate (18) .00 X 15 . _ 00 19. Principal Tax Due _ . SAX CREDITS• (19) = .00 ER ~ INTEREST/PEN PAID (-) I AMOUNT PAID TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE .00 .00 .00 .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN 81, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) V-'1470. Fj( (0-88) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES __ PO Box 280601 INHERITANCE TAX EXPLANATION OF CHANGES Elizabeth E. Eshelby FILE NUMBER REVIEWED BY 2107-0693 Anita McCully ACN SCHEDULE INO 101 EXPLANATION OF CHANGES H B_3 Reduced to $1,550.00. Family exemption can only be claimed against assets subject to will or intestacy. ORIGINAL Page 1