HomeMy WebLinkAbout04-0299 Estate of Arlene S Cook
No.
also known as To:
PETITION FOR PROBATE and GRANT OF LETTERS
21-04-
., Deceased.
Social Security No. 181-22-4886
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execuPr
in the last wilt of the above decedent, dated November 30
and codicil(s) dated
Register of Wills for the
County of C' b · -and in the
Commonwea~ befrl~nnsylvania
, 19±
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland Cou ty P s van{ w' ,
her last family or principal residence at 4 Kitszell Drive, ~3ou~ Ml~on ~oWw~hzp
(list street, number and muncipality)
78 February 29, 2004
Decendent, then years of age, died
at '
-~-- ~- ~ , ~. na' -'e ' ca CeuLe£ , ~ ~ -' -% -
not ~vorcecl and did not have a child born or adopted
marry, was .
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:
$
$
WHEREFORE, petitioner(s) respectfully ~:eeq~ntthaerFrobate of the last will and codicil(s)
presented herewith and the grant of letters
t
lherou. {testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
Robert J. Cook; .T?.
O. H OF PERSONAL REPRESENTATIVE
~ ·
COMMON~-~'EALTtl OF PENNSYLVANIA
The petitioner(si 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(si of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn lo c,,' affirmed and subscribed Robert J. Cook, Jr.
No. 21-o4- 9-99
Estate of Arlene S. Cook , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
March
AND NOW
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated November 30, 1999
described therein be admitted to probate and filed of record as the last will of
Arlene S. Cook, deceased
and Letters testamentary
are hereby granted to Robert J. Cook, Jr.
200/.. , in consideration of the petition on
FEES
Probate, Letters, Etc ..........
Short Certificates( ) .......... $ i'lL, r CID
TOTAL __ $
Filed .~..-...2..LO.. 7..2-...cAe?. ~. ..............
William ^ .......~
ATTORNEY (Sup. Ct. I.D. No.)
11rvine Row
ADDRESS
717-249-7780
PHONE
I05 805 REV 9186
Thts Is to certify that the ]nformaUon here g~ven ,s correctly copted from an original certfficate of death duly filed with me as
Local Registrar The original certificate will be forwarded to the State Vital Records Office for permanent flhng
WARNING: It is illegal to duphcate this copy by photostat or photograph.
Fee tor th~s certificate, $2 00
P 10159408
No
Local Registrar
MAR i 200
Date
COMMONWEALTH OF PENNSYLVANIA * DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
4 Kltzell Drxve
Carlzsle, PA 17013
Earl Shrawder ,, Jennie Felster
~arch 3, 2004 ,,,Memorial Gardens ,,i Garllsle, PA 17013
LAST WILL AND TESTAMENT
o-: , ' OF
.~_.~ . RLENE S. COOK
'U]l ou 2qq
~I, A~ENE S. COOK, of C~hsle, Cmberl~d Co~ty, Pe~sylv~a, hereby revoke
amy p r ~1}~ ~d decl~e tbs to be my will.
SAIDIS,
SHUFF &
MASLAND
Camp Hill, PA
I. Personal and Household Effects: I give all my articles of personal or
household use, Including automobdes, together with all insurance relating thereto, to my
husband, ROBERT J. COOK, SR. If he does not survive me, I give all such property to
those persons named on a written hst made by me during my hfetlme, or m absence of a
written list or designation on said list, ! give all such property to my son, ROBERT J. COOK,
JR.
My Executor may make whatever arrangements my Executor deems appropriate
for storing and dehvenng articles of personal or household use to the beneficiaries, and may
pay the cost thereof and any related expenses including insurance from my residuary estate
II. Residue Upon my death, I direct that all the rest, residue and remainder of
my estate of whatever nature and wherever situate be dlmded into two (2) parts, each of winch
shall be held ~n trust and constitute a separate Trust Fund, to
be known as "Trust A" and "Trust B"
SAIDIS,
SHHFF &
MASLAND
2109 Market Street
A. Trust "A": My Executor shall pay to the Trustee, hereinafter
named, to be placed ~n "Trust A" that fractional amount of the total pnnclpal of which the
numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax by
reason of the unified credit and the state death tax credit (provided that the use of this credit
does not require an increase ~n state death taxes) allowable to my estate but no other credit and
after taking account of property passing outside of my estate which does not qualify for the
marital or charitable deduction and after taking account of charges to principal that are not
allowed as deductions in computing the Federal estate tax, and of which the denominator shall
be the value of the total principal For the purposes of establishing such fraction, the value
finally fixed in the Federal estate tax proceedings relating to my estate shall be used I
recogmze that the numerator of such fraction may be zero (0), in which case no property shall
pass under "Trust A" and that said numerator may be affected by the action of the Executor of
my estate in exercising elect~ons for tax purposes
B. "Trust B" The balance of the pnnclpal not placed ~n "Trust A"
shall be placed in "Trust B"
IlL Provisions of "Trust A": The following provisions shall apply to "Trust
A Trustee shall pay the net income arising from the prlnclpal of tlus
Trust in quarterly installments to my husband, ROBERT J. COOK, SR., dunng his lifetime
B. Dunng my husband's hfetlme, Trustee shall pay to or for h~s
benefit, so much of the pnnclpal of this Trust as may be necessary, in the discretion of the
SAIDIS,
SHUFF &
MASLAND
2109 Market Street
Camp Hill, PA
Trustee, for the proper support, maintenance and medical care of my husband In addition, ~n
each calendar year following the year of my death, the Trustee shall pay to my husband such
portions of the principal as he may request ~n writing not to exceed ~n any one calendar year, on a
non-cmnulatlve basis, the greater of Five Thousand Dollars ($5,000 00) or up to five percent
(5%) of the aggregate value of the principal as of the first request for withdrawal in such year
C. Upon my husband's death, Trustee shall convey and pay over all
of the remaining assets to my son, ROBERT J. COOK, JR. Should my son not be living, the
remaining assets shall be paid to my daughter-in-law, KAREN ENGLANDER COOK
IV. Provisions of "Trust B": The following provisions shall apply to "Trust
A. Trustee shall have, hold, manage invest and reinvest the assets of this
Trust, collect the income and beginning at my death pay over the net income in quarterly
installments to my husband, ROBERT J. COOK, SR., dunng his hfet~me Trustee shall also,
from time to time, pay to my husband such amounts of pnnclpal of this Trust, as Trustee deems
necessary for the proper support, maintenance and medical care of my husband In addition, in
each calendar year following the year of my death, the Trustee shall pay to my husband such
porhons of the pnncipal as he may request in writing not to exceed in any one calendar year, on a
non-cmnulatlve bas~s, the greater of F~ve Thousand Dollars ($5,000 00) or up to five percent
(5%) of the aggregate value of the pnnclpal as of the first request for withdrawal in such year
B. Upon the death of my husband, Trustee shall pay all accrued
income and all income accumulated but undistributed to the estate of my deceased husband and
3
SAIDIS,
SHUFF &
MASLAND
C~mp Hill, PA
shall thereafter transfer the then remmmng pnnc~pal of tlus Trust to "Trust A" to be held,
adm~mstered and distributed tn accordance with the provisions of ITEM III of this Last Wall and
Testament.
C. If my husband should not survive me, then the
provisions of"Tmst B" shall be void and the assets which would have constituted "Trust B' shall
be added to "Trust A" to be d~sposed of ~n accordance w~th ITEM III of th~s Last Wall and
Testament
D. Trustee shall be authorized ~n Tmstee's sole, exclusive and
unrestricted d~screUon to determine whether to elect (under Section 2056(b)(7) of the Internal
Revenue Code of 1986 as amended, or any corresponding prowslons of the Federal estate law),
to qualify all, none or a fractmn of "Trust B" for the Federal estate tax martial deduction The
declsmn of Trustee with respect to the exercise of the elecUon shall be final and conclusive upon
all persons whose interests in my estate are d~rectly or indirectly affected by the electron Only
property which ~s fully ehg~ble for the marital deducUon under Federal estate tax law shall be
assigned to th~s Trust Notwithstanding anything to the contrary contmned in tlus Last Will and
Testament, Trustee of this Trust shall not retain beyond a reasonable Ume any property which
may at any Ume be or become unproductive, nor shall they invest in unproductive property
Notwithstanding the prows~ons of Subparagraph B. of thxs paragraph, Trustee shall pay to the
Executor of my husband's estate, out of the pnnmpal of this Trust upon the death of my husband,
an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death
taxes"), Federal, state and other, payable by reason of the Inclusion of the value of Trust property
in my husband's estate Such payment shall be equal to the amount by whmh (1) the total of such
SAIDIS,
SHUFF &
MASLAND
21~9 Market Street
Camp Hill, PA
death taxes by my husband's estate exceeds (2) the total of such death taxes which would have
been payable if the value of the Trust property had not been included in my husband's estate The
determination by the Executor of my husband's estate of the amount payable hereunder shall be
final I further direct the Trustee to pay such amount promptly upon written request of the
Executor of my husband's estate The final determination of the amount due hereunder shall be
based upon the value as finally determined for Federal estate tax purposes in my husband's
estate. After payment of the amount finally determined to be due hereunder, Trustee shall be
discharged from any further liability with respect to such payment My husband may wmve his
estate's right to payment under this subparagraph by Will, executed after my death, in which he
specifically refers to the right to payment hereunder given to his estate
V. Disclaimer: My husband (or his personal representative, guardian or agent
acting under a power of attorney) may disclaim any part or all of the gifts to him hereunder,
including the provisions for him in the trusts set forth in ITEMS III and IV In such event, the
disclaimed amounts which would be payable to him or to the trusts created herein shall be dis-
trlbuted to my son, ROBERT J. COOK, JR.
VI. Survivorship: Any person, other than my husband, who shall have died at
the same time as myself, or under such circumstances that the order of deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have
predeceased him If my husband dies at the stone time as myself, or under such circumstances
that the order of deaths cannot be established by proof, my husband shall be deemed to have
SAIDIS,
SHUFF &
MASLAND
Camp Hill, PA
survived me Any person (other than myself) who shall have died at the same time as any then
recipient of income under such circumstances that the order of deaths cannot be established by
proof, shall be deemed to have predeceased such beneficiary
VII. Power of Appointment: No provtslon of this will shall exercise any
power of appointment I may have
VIII. Protective Provisions: No part of the income of the property held under
the Trusts shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof
Trustee shall pay over the net income and the principal to the parties herein designated, as their
interest may appear, without regard to any attempted
anticipation, pledging or assignment by any beneficiary under a Trust and without regard to
any claim thereto or attempted levy, attachment, seizure or other process against stud
beneficiary
IX. Powers of Personal Representative and Trustee: My personal
representative and Trustee shall posses, among others, the followang powers exercisable
without court approval
A. To vary or to retmn investments, including the stock of any
corporate Trustee named herein, when deemed desirable by them, and to invest in such bonds,
stocks, notes, real estate mortgages or securities or in such other property, real or personal as they
6
SAIDIS,
SHUFF &
MASLAND
2109 Market Street
Camp Hill, PA
shall deem w~se
B. In order to effect a d~ws~on of the pnnc~pal of a Trust or for any
other purpose, including any final d~stnbut~on of a Trust, they are authorized to make smd
d~ws~ons or &str~but~ons of the personalty and realty, partly or wholly ~n k~nd, and to allocate
specffic assets among beneficiaries and Trusts created hereunder so long as the total market value
of any share ~s not affected by such allocations Should ~t appear desirable to partition any real
estate, they are authorized to make, jmn ~n and consurmnate partitions of lands, voluntarily or
involuntarily, ~nclud~ng g~wng of mutual deeds, recognizances, or other obhgat~ons w~th as w~de
powers as can be exercised by an tnd~wdual owner ~n fee s~mple
C. To sell e~ther at pubhc or private sale and upon such terms and
conditions as they may deem advantageous to a Trust, any or all real or personal estate or ~nterest
there~n owned by a Trust severally or ~n conjunction w~th other persons, and to consummate sm
sale or sales by sufficmnt deeds or other ~nstruments to the purchasers or purchasers, conveying
fee s~mple t~tle, free and clear of all trust and w~thout obhgat~on or liabthty of the purchaser or
purchasers to see to the apphcat~on of the purchase money, or to make ~nqmry ~nto the vahd~ty of
smd sale or sales, also, to make, execute, acknowledge and dehver any and all deeds
assignments, options or other writings wtuch may be necessary or desirable ~n carrying out any o
the powers conferred upon them ~n th~s paragraph or elsewhere ~n the ~nstrument
D. To mortgage real estate, and to make leases of real estate
extending beyond the term of the Trusts hereunder
E. To borrow money from any party, xnclud~ng my persona
representative and trustee, to pay ~ndebtedness of a Trust and taxes, and to assign and pledge
7
SAIDIS,
SHUFF &
MASLAND
assets of a Trust therefor
from "Trust B"
F.
Provided, however, that this paragraph shall not authorize borrowin
To pay all costs, taxes, expenses and charges in connectton ,ant
the adm~mstratton of a Trust, including a reasonable compensatton to agents If any estate or
tnherltance taxes are payable from assets received by Trustee, such taxes shall be paid from the
assets of"Trust A"
G. In the dlscreUon of my personal representative or trustee, to unite
with other owners of stmtlar property tn carrytng out any plans for the reorgantzatton of any
corporation or company whose secunUes form a part of a Trust
H. To vote any shares of stock whtch form a part of a Trust.
I. To asstgn to and hold in trust an undivided portton of any asset
J. To dtvtde any Trust created in this Agreement into two or more
separate Trusts (1) to segregate property not subject to Pennsylvania inheritance tax, or (2) so
that the inclusion ratio for purposes of the generation-skipping transfer tax shall be etther zero or
one, in order that an elecUon under 2652(SecUon a)(3) of the Internal Revenue Code may be
made wtth respect to one of the separate Trusts, or (3) for any other reason
K. To do all other acts tn ~ts judgment deemed necessary or desirable
for the proper and advantageous management, investment and distribution of the Trusts
L. Any corporate fiduciary acttng as a personal representative or
trustee hereunder shall be entitled to compensaUon based on its regular schedule of fees for such
services in effect at the time of the service rendered
M. Should the prtnmpal of any Trust herein provtded for become toe
SAIDIS,
SHUFF &
MASLAND
2109 Market Streel
Camp Hill, PA
small, in ihelr discretion, so as to make continuance of the Trust inadvisable, they may make
immediate distribution of the then remalmng principal and any accumulated or undistributed
~ncome outright to the person or persons and in the proportions they are then entitled to income
Upon such terminat~on the rights of all persons who might otherwise have any interest as
succeeding income benefictary or in remmnder shall cease If any person to receive dlstrtbutlon
is a minor or disabled in any way, they may pay the fund to the parent, guardian, or person or
organization taking care of that person, or, with respect to a minor, Trustee may deposit the fund
in a savings fund account in the minor's name payable to the minor at majority
These authorities shall extend to all property at any time held by my Executor or my
Trustee and shall continue in full force until the actual distribution of all such property, except
as otherwise specifically stated All powers, authorities, and discretion granted by this w~ll
shall be in addition to those granted by law and shall be exercisable without court authoriza-
tion
X. Disability: Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are here~n directed to be made, shall be under legal disability,
or m the sole judgment of Trustee, shall otherwise be unable to apply such payments to his
own or her own best interests and advantages, Trustee may make all or any portion of such
payments in any one or more of the following ways
A. Directly to such beneficiary,
B. To the Legal Guardian or Conservator of such beneficiary,
SAIDIS,
SHUFF &
MASLAND
2109 Market Street
Camp Hill, PA
C. To a relative of such beneficiary, to be expended by such relative for
the benefit or such beneficiary, or
D. By itself expending same for the benefit of smd beneficiary These
prows~ons shall not apply to "Trust B"
XI. Personal Representatives and Trustees: I appoint my son, ROBERT J.
COOK, JR., Executor of this, my Last Will and Testament Should my said son fall to qualify
or cease to act as such, then I appoint my daughterqn-law, KAREN ENGLANDER COOK,
to act in this capacity
I appoint my son, ROBERT J. COOK, JR. as Trustee of any trusts created
hereto Should my smd son fall to qualify or cease to act as such, I appoint my daughter-in-law,
KAREN ENGLANDER COOK, to act m this capamty None of my personal representatives
shall be reqmred to post bond in th~s or any junsdmtlon
IN WITNESS WHEREOF, I have hereunto set my hand and seal on
this, the ~ ~3 day of /k,~,o~/B c~t% , 1999
ARLENE S. COOK
.(SEAL)
l0
SAIDIS,
SHUFF &
MASLAND
2109 Market $ffeet
Camp Hill, PA
In our presence the above-named testatrix signed th~s and declared it to be her will, and now at
her request, ~n her presence, and ~n the presence of each other, we s~gn as w~tnesses
Name
~ddress
Address
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
SS
WE, the undersigned, the testatrix and the w~tnesses, respectively, whose names are si
the foregoing ~nstmment, being first duly sworn, do hereby declare to the underslgned authority
testatrix s~gned and executed the ~nstrument as her Last Will and Testament and that she s~gned
(or wflhngly d~rected another to s~gn for her), and that she executed ~t as her free will and
for the purposes there~n expressed, and that each of the w~tnesses, ~n the presence and heannl
testamx s~gned the wall as w~messes and that to the best of their knowledge the testatrix was at t]
e~ghteen years of age or older, of sound m~nd, and under no constrmnt or undue ~nfluence
Testatrix
SAIDIS,
SHUFF &
MASLAND
Camp Hill, PA
Subscribed, sworn to and acknowledged before me by the testatrix, and subscribed ant
to before me by both w~messes, th~s ~ day of '~Oyeqo~ae'"t~ ,1999
21_2
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEF~. 28O601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
REV-1162 EX(11-96)
CD 003944
DUNCAN WILLIAM A
1 IRVINE ROW
CARLISLE, PA 17013
........ fold
ESTATE INFORMATION: SSN: 181-22-4886
FILE NUMBER: 2104-0299
DECEDENT NAME: COOK ARLENE S
DATE OF PAYMENT: 05/18/2004
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 02/29/2004
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $15,000.00
TOTAL AMOUNT PAID:
5,000.00
REMARKS:
ROBERT J COOK JR
C/O WILLIAM DUNCAN ESQUIRE
SEAL
CHECK# 108
INITIALS: SK
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717)240-6345
Date: 07/01/2004
DUNCAN WILLIAM A
1 IRVINE ROW
CARLISLE, PA 17013
RE:
Estate of COOK ARLENE S
File Number: 2004-00299
Dear Sir/Madam:
It has come to my attention that you have not filed the
Certification of Notice Under Rule 5.7 (a) 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 ten (10) days after giving proper notice to the
beneficiaries and intestate heirs as required by subdivision
(a) of Rule 5.7, shall file with the Register of Wills or Clerk
of the Orphans' Court his/her Certification of Notice.
This filing will become delinquent on 07/06/2004
Your prompt attention to this matter will be appreciated.
Thank You.
cc:
File
Personal Representative(s)
Judge
Sincerely,
Clerk of the Orphans' Court
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717)240-6345
Date: 07/01/2004
COOK ROBERT J, JR.
889 ALEXANDER SPRING ROAD
CARLISLE, PA 17013
RE: Estate of COOK ARLENE S
File Number: 2004-00299
Dear Sir/Madam:
It has come to my attention that you have not filed the
Certification of Notice Under Rule 5.7 (a) 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 ten (10) days after giving proper notice to the
beneficiaries and intestate heirs as required by subdivision
(a) of Rule 5.7, shall file with the Register of Wills or Clerk
of the Orphans' Court his/her Certification of Notice.
This filing will become delinquent on 07/06/2004
Your prompt attention to this matter will be appreciated.
Thank You.
CC:
File
Counsel
Judge
Sincerely,
GLENDA FARNER STRASB'AUGF~
Clerk of the Orphans' Court
Name of Decedent:
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Arlene $. Cook
Date of Death: February 29, 2004
Will No. 21-04-0299 Admin. 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 March 26, 2004 :
Name Address
Robert J. Cook,' Sr. Four Kitszell Drive, Carlisle, PA 17013
Robert J. Cook, Jr. 889 Alexander Spring Road, Carlisle, PA 17013
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except NONE
Date: July 8, 2004
Name Wi l~fi a~/A. ~~/~°s q~ 1~ e~ ~-- ~~
Address One Irvine Row
Carlisle, PA 17013
Telephone(71~ 249-7780
Capacity:~PersonalRepresentative
XX.Counsel ~rpersonalrepresentative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
REV-1162 EX(11-96)
CD 004451
COOK ROBERT J, JR.
889 ALEXANDER SPRING ROAD
CARLISLE, PA 17013
........ fold
ESTATE INFORMATION: SSN: 181-22-4886
FILE NUMBER: 2104-0299
DECEDENT NAME: COOK ARLENE S
DATE OF PAYMENT: 1 0/01/2004
POSTMARK DATE: 10/01/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 02/29/2004
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $5,626.17
REMARKS: COOK ESTATE
CHECK//112
SEAL
TOTAL AMOUNT PAID'
$5,626.17
INITIALS: CCP
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
EV-15~Q,F-~( + (8-00) ,
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
Z
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DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAl
Cook, Arlene S.
DATE OF DEATH (MM-DD-Yea-)
02/29/2004
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
IDATE OF BIRTH (MM-DD-Year)
08/27/1925
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Cook, Robert J.
OFFICIAL USE ONLY
FILE NUMBER
2 1 -0 4 0 2 9 9
COUNTY CODE YEAR NUMBER--
SOCIAL SECURITY NUMBER
I 8 1-2 ~.-4 8 8 6
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
1 7 2-2 4-7 5 3 9
~] 1. Original Return
O4. Limited Estate
[~]6. Decedent Died Testate (At.ch copyofWal
[--] 9. Litigation Proceeds Received
r"-] 2, Supplemental Return
~] 4a. Future Interest Compromise (dee o1~ a~r 12-12-82)
D7. Decedent Maintained a Living Trust (At~ach cWy of Trust)
J'--] 10. Spousal Poverty Credit (dee ofdeah be~een 12-31-91 and 1-1-95)
r'-j 3. Remainder Return (dee of deat~ pdo~to 12-13-82)
5. Federal Estate Tax Return Required
0__ 8. Total Number of Safe Deposit Boxes
J--] 11. Election to tax under Sec. 9113(A) (Atach Sc~ O)
THIS SECTION MUST BE COMPL,- it:U. ALL CO~o~aPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
William A. Duncan, Esquire
FIRM NAME (~fApp~k-,a~e)
Duncan, Hartman & Douglas, P.C.
TELEPHONE NUMBER
(717) 249-7780
Duncan, Hartman & Douglas, P.C.
One Irvine Row
Carlisle
PA 17013
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietership (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6, Joinity Owned Property (Schedule F) (6)
O Separate Billing Requested
7. Intar-Vivos Transfers & Miscellaneous Non-Probate Properly (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to lax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
177,000.00
197~386.66
276~913.05
0.00
53~787.69
OFFICIAI~ ~ ONLY
(8)
705,087.40
37~417.58
(11)
37,417.58
(12)
(13)
667,669.82
(14)
667~669.82
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2)
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
191,767.26 x 0.00 (15)
475~902.56 x .045 (16)
X .12 (17)
x .15 (18)
(19~
21,415.62
21,415.62
Dec~dent'~ Complete Address:
STREET ADDRESS
Four Kitszell Drive
CITY
Carlisle
Tax Payments and Credits:
1. Tax Due (Page l Line19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Pdor Payments
C. Discount
InterestJPenalty if applicable
D. Interest
E. Penalty
ISTATE PA
zip
17013
(1)
15,000.00 7~9.45
21,415.62
Total Credits ( A + B + C ) (2)
15,789.45
Total Interest/Penalty ( D + E ) (3)
If Une 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund
If Line 1 + Line 3 is greater than Une 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Une 5 + SA. This is the BALANCE DUE.
(4)
(5)
(5A)
(5B)
Ma/(e Chec/( Payab/e to: REGISTER OF WILLS, AGENT
0.00
5,626.17
5,626.17
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ........................................................................... [] []
b. retain the dght to designate who shall use the property transferred or its income; ........................................ [] []
c. retain a reversionary interest; or ...................................................................................................... [] []
d. receive the promise for life of either payments, benefits or care? ............................................................. [] []
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration?. .............................................................................................. [] []
3. Did decedent own an "in trust for' or payable upon death bank account or secudty at his or her death? ................. [] []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ....................................................................................................... [] []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
[~;~Pen. on oa~f ~.~l:~'.u~.~l. ~d~cl~are~ ~.at_/h~ _ay~ e_x_a~n_ ! _n~l_. ~is ~m, i~i~ ~,~,y[~.~u~ ~ s~, ~ ~ ~ ~t of ~ ~ ~ ~, it is ~, ~ and mm~. ~, ~,~,~. ~.~..,=..~ ~.~ r~n~ve Is ~ ~ ar inm~n ~n ~ ~ ~y k~.
ADDRESS Robert J. Coc~, Jr.', Execu~r~;-
DATE
889 Alexander Spring Ro~ad, Carlisle
SIGNATURE OF PRE~RER~R~
ADDRESS ' VV~ ' '- '"' '
lam A. Duncan, Esquire
One Irvine Row, Carlisle
PA 17013
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or affer January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)].
The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are slill applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rote imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. §9116(a)(1.2)].
REV-1502EX + (1-97) ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEID~NT
SCHEDULE A
REAL ESTATE
ESTATE OF FILE NUMBER
Cook. Arlene S. 21 04 0299
All real property o~med solely or as a tenant in common must be reported st fair mmkst value. Fair market value is defined as the price at which property would be exchanged
between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned wilh right of
survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
Residence located at Four Kitszell Drive, South Middleton Township, Carlisle,
Cumberland County, Pennsylvania `170'13. See attached appraisal
TOTAL (Also enter on line 1. RecaDitulationl
VALUE AT DATE
OF DEATH
177,000.00
REV-15~3 ~X* (1~97) ~
COMIdONWEALTH OF PENNSYLVANIA
INHEPJTANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS&BONDS
ESTATE OF
Cook. Arlene S.
All property jointly-owned with rigM of suwivorship must be disclosed on Scbedule F.
FILE NUMBER
0299
ITEM
NUMBER
1.
' VALUE AT DATE
DESCRIPTION OF DEATH
2121.611 shares of American Funds, Capital World Growth and Income Fund A. 66,363.99
See attached valuation.
2054.719 shares of American Funds, Washington Mutual A. See attached valuation.
3987.222 shares of American Funds, The Income Fund of Amedca A.
See attached valuation.
TOTAL (Also enter on line 2, Recapitulation)
61,086.80
69,935.87
197,386.66
REV-1508 EX.~ (t-97} ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Cook. Arlene ~, 21 04 029!~
Include the proceeds of litigation and the date the proceeds were received by the estate. All property joinlly-owned MIh lhe right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1.
10.
11.
12.
13.
DESCRIPTION
Waypoint Bank, CD #7100014465. See attached letter.
Principal: $50,000.00
Interest: $187.56
E'Trade Financial, CD #2002621767. See attached letter.
Principal: $100,000.00
Capital Blue Cross, 3/18/04 refund
Citizens Bank, 4/17/04 interest earned.
M&T Bank, CD #031003910982733. See attached letter.
Principal: $100,000.00
Interest: $111.01
Waypoint Bank 3/31/03 account no 7100014465 interest.
E'Trade Bank, 3/31/04 interest eamed on account no. 2002621767
Citizens Bank IRA account # 6140696402. See attached letter.
Principal: $3,263.50
Interest: $3.48
Citizens Bank IRA account # 6140703464. See attached letter.
Principal: $2,943.73
Interest: $7.06
Citizens Bank IRA account # 6140886409. See attached letter.
Principal: $10,749.94
Interest: $30.14
Citizens Bank IRA account # 6140888654. See attached letter.
Principal: $384.96
Interest: $1.66
M&T Bank, checking account # 9834621238. See attached letter.
Principal: $8,115.64
Interest: $1.42
Citizens Bank, account # 6140888697. See attached letter.
Principal: $ 0.00
Interest: $18.26
TOTAL (Also enter on line 5, Recapitulation)
VALUE AT DATE
OF DEATH
50,187.56
100,000.00
193.29
270.00
100,111.01
207.09
431.17
3,266.98
2,943.73
10,780.08
386.62
8,117.26
18.26
276,913.05
I~'V'1510 EX + (1'g7) ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER.VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
DESCRIPTION OF PROPERTY % OF
ITEM INCLUDE THE NAME OF THE TR/~SFEREE, THEIR R~I. ATIONSHIP TO ~CEI~NT AND T~E DATE OF TRANSFER.DATE OF DEATH DECD'S EXCLUSION TAXABLE VALUE
NUMBER ATrACHACOPYOFTHE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST
1. Aurora National Life Assurance Company 53,787.69 100. 53,787.6c.
Beneficiary - Robert J. Cook, Sr., spouse
TOTAL (Also enter on line 7. Recaoitulation~
ESTATE OF FILE NUMBER
Cook. Arl~n~ $. 21 04 02~)~)
This schedule must be completed and filed if the answer to any of queslJons 1 through 4 on the reverse side of the REV-1500 COVER SHEET is ~es.
REV-1511EX* (1-97) ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
Cook. Arlene S.
Debts of decedent must be reported on Schedule I.
FILE NUMBER
21 04
02~
ITEM
NUMBER DESCRIPTION
2.
3.
8.
9.
10.
11.
FUNERAL EXPENSES:
Hoffman-Roth Funeral Home
Robert J. Cook, Jr., reimbursement of Sunnyside luncheon
Grave opening
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative (s)
Social Security Number(s) / EIN Number of Personal Representative(s)
Street Address
c~ State
Year(s) Commission Paid:
AttomeyFees Duncan, Hartman & Douglas, P.C.
Family Exemption: (If decedent's address is not the same as daimant's, attach explanation)
Claimant Robert J. Cook, Sr.
Street Address Four Kitszell Drive
Zip
City Carlisle
Relationship of Claimant to Decedent Spouse
state PA Zip 17013
Probate Fees costs-to-date $314.00
In Reserve: $500
Accountant's Fees
Tax Retum PrepareCs Fees
Sarah Todd Home
Central PA Hematology
The Sentinel, advertise Letters Testamentary
Cumberland Law Journal, advertise Letters Testamentary
Diversified Appraisal Services, residence appraisal fee
TOTAL (Also enter on line 9, Recapitulation)
AMOUNT
8,049.92
625.05
995.00
22,655.00
3,500.00
814.00
226.50
100.00
102.11
75.00
275.00
37~417.58
REV-1513 EX + (.~.nm
COIVlMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
Cook. Ar ~ne ~.
NUMBER
I.
1.
U.
1.
1.
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include oulzight spousal distdbulions, and lmnsfers under
Robert J. Cook, Sr.
Four Kitszell Drive
Carlisle, PA 17013
Sec. 9116 (a) (1.2)]
FILE NUMBER
21 O4
RELATIONSHIP TO DECEDENT
Do Not List TmOn(s)
Spouse
0299
AMOUNT OR SHARE
OF ESTATE
TOTAL OF PART I| - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
(If mnm ~n~.r~ i~ n~'l~l in~p. rf ~lditinnnl ~h~t~ nf the ~nmR
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
REV-1514 EX + (1-97) ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE K
LIFE ESTATE, ANNUITY
& TERM CERTAIN
(Check Box 4 on Rev-1500 Cover Sheet)
ESTATE OF
FILE NUMBER
Cook. Arlene ~;, 21 04 0299
This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death
prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit.
Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-1-89.
Indicate the type of instrument which created the future interest below and attach a copy to the tax return.
[] Will [-'l Intervivos Deed of Trust [--I Other
LIFE ESTATE INTEREST CALCULATION
NAME(S) OF NEAREST AGE AT TERM OF YEARS LIFE ESTATE IS
LIFE TENANT(S) DATE OF BIRTH DATE OF DEATH PAYABLE
Robert J. Cook, Sr. 10/15/1924 79 [] Life or [--ITerm of Years ~
[] Life or [] Term of Years
[] Life or [] Term of Years ~
[] Life or [] Term of Years ~
1. Value of fund from which life estate is payable $ 667,666.82
2. Actuarial factor per appropriate table .28722
Interest table rate- r'"l 31/2% [-'-] 6% [--! 10% [~] Vadable Rate %
3. Value of life estate (Line 1 multiplied by Line 2) $ 191,767.26
ANNUITY INI'EREST CALCULATION
NAME(S) OF NEAREST AGE AT TERM OF YEARS
ANNUITANT(S) DATE OF BIRTH DATE OF DEATH ANNUITY IS PAYABLE
[] Life or [] Term of Years ~
[] Life or [] Term of Years
[] Life or [] Term of Years
[] Life or [] Term of Years
1. Value of fund from which annuity is payable $
2. Check appropriate block below and enter corresponding (number)
Frequency of payout- [-"] Weekly (52) r"-I Bi-weekly (26) r-1 Monthly (12)
r-1 Quarterly (4) [] Semi-annually (2) r-] Annually (1) r'-I Other ( ).
3. Amount of payout per period $
4. Aggregate annual payment, Line 2 multiplied by Line 3
5. Annuity Factor (see instructions)
Interest table rate E]31/2% E]6% [-]10% ~]VadableRate %
6. Adjustment Factor (see instructions)
7. Value of annuity - If using 31/2%, 6%, 10%, or if variable rate and period payout is at end of period,
calculation is: Line 4 x Line 5 x Line 6 $
If using variable rate and period payout is at beginning of period, calculation is:
(Line 4 x Line 5 x Line 6) + Line 3
NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on
Schedules A through G of this tax retum. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on
Lines 13, 15, 16 and 17.
(If more space is needed, insert additional sheets of the same size)
SAIDIS,
SHUFF &
MASLAND
ATI'ORNI~YS.AT.LAW
2109 Market Street
Camp Hill, PA
LAST WILL AND TESTAMENT
OF
ARLENE S. COOK
I, ARLENE S. COOK, of Carlisle, Cumberland County, Pennsylvania, hereby revoke
my prior wills and declare this to be my will:
household
husband,
I. Personal and Household Effects: I give all my articles of personal or
use, including automobiles, together with all insurance relating thereto, to my
ROBERT J. COOK, SR. If he does not survive me, I give all such property to
those persons named on a written list made by me during my lifetime, or in absence of a
written list or designation on said list, I give all such property to my son, ROBERT J. COOK,
JR.
My Executor may make whatever arrangements my Executor deems appropriate
for storing and delivering articles of personal or household use to the beneficiaries, and may
pay the cost thereof and any related expenses including insurance from my residuary estate.
II. Residue: Upon my death, I direct that all the rest, residue and remainder of
my estate of whatever nature and wherever situate be divided into two (2) parts, each of which
i shall be held in trust and constitute a separate Trust Fund, to
be known as "Trust A" and "Trust B".
!
SAIDIS,
SHUFF &
MASLAND
ATrORNEYS,AT,LAW
2109 Market Street
Camp Hill, PA
A. Trust "A": My Executor shall pay to the Trustee, hereinafter
named, to be placed in "Trust A" that fractional amount of the total principal of which the
numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax by
reason of the unified credit and the state death tax credit (provided that the use of this credit
does not require an increase in state death taxes) allowable to my estate but no other credit and
after taking account of property passing outside of my estate which does not qualify for the
marital or charitable deduction and after taking account of charges to principal that are not
allowed as deductions in computing the Federal estate tax, and of which the denominator shall
be the value of the total principal. For the purposes of establishing such fraction, the value
finally fixed in the Federal estate tax proceedings relating to my estate shall be used. I
recognize that the numerator of such fraction may be zero (0), in which case no property shall
pass under "Trust A" and that said numerator may be affected by the action of the Executor of
my estate in exercising elections for tax purposes.
B. "Trust B": The balance of the principal not placed in "Trust A"
shall be placed in "Trust B".
III. Provisions of "Trust A": The following provisions shall apply to "Trust
A. Trustee shall pay the net income arising from the principal of this
Trust in quarterly installments to my husband, ROBERT J. COOK, SR., during his lifetime.
B. During my husband's lifetime, Trustee shall pay to or for his
benefit, so much of the principal of this Trust as may be necessary, in the discretion of the
2
SAIDIS,
SHUFF &
MASLAND
ATTORNEYS,AT*LAW
2109 Market Street
Camp Hill, PA
Trustee, for the proper support, maintenance and medical care of my husband. In addition, in
each calendar year following the year of my death, the Trustee shall pay to my husband such
portions of the principal as he may request in writing not to exceed in any one calendar year, on a
non-cumulative basis, the greater of Five Thousand Dollars ($5,000.00) or up to five percent
(5%) of the aggregate value of the principal as of the first request for withdrawal in such year.
C. Upon my husband's death, Trustee shall convey and pay over all
of the remaining assets to my son, ROBERT J. COOK, JR. Should my son not be living, the
remaining assets shall be paid to my daughter-in-law, KAREN ENGLANDER COOK.
IV. Provisions of "Trust B": The following provisions shall apply to "Trust
A. Trustee shall have, hold, manage invest and reinvest the assets of this
Trust, collect the income and beginning at my death pay over the net income in quarterly
installments to my husband, ROBERT J. COOK, SR., during his lifetime. Trustee shall also,
from time to time, pay to my husband such amounts of principal of this Trust, as Trustee deems
necessary for the proper support, maintenance and medical care of my husband. In addition, in
each calendar year following the year of my death, the Trustee shall pay to my husband such
portions of the principal as he may request in writing not to exceed in any one calendar year, on a
non-cumulative basis, the greater of Five Thousand Dollars ($5,000.00) or up to five percent
(5%) of the aggregate value of the principal as of the first request for withdrawal in such year.
B. Upon the death of my husband, Trustee shall pay all accrued
income and all income accumulated but undistributed to the estate of my deceased husband and
3
SAIDIS,
SHUFF &
MASLAND
ATTORNEYS,AToLAW
2109 Market Street
Camp Hill, PA
shall thereafter transfer the then remaining principal of this Trust to "Trust A" to be held,
administered and distributed in accordance with the provisions of ITEM III. of this Last Will and
Testament.
C. If my husband should not survive me, then the
provisions of"Trust B" shall be void and the assets which would have constituted "Trust B" shall
be added to "Trust A" to be disposed of in accordance with ITEM III of this Last Will and
Testament.
D. Trustee shall be authorized in Trustee's sole, exclusive and
unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal
Revenue Code of 1986 as amended, or any corresponding provisions of the Federal estate law),
to qualify all, none or a fraction of "Trust B" for the Federal estate tax martial deduction. The
decision of Trustee with respect to the exercise of the election shall be final and conclusive upon
all persons whose interests in my estate are directly or indirectly affected by the election. Only
property which is fully eligible for the marital deduction under Federal estate tax law shall be
assigned to this Trust. Notwithstanding anything to the contrary contained in this Last Will and
Testament, Trustee of this Trust shall not retain beyond a reasonable time any property which
may at any time be or become unproductive, nor shall they invest in unproductive property.
Notwithstanding the provisions of Subparagraph B. of this paragraph, Trustee shall pay to the
Executor of my husband's estate, out of the principal of this Trust upon the death of my husband,
an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death
taxes"), Federal, state and other, payable by reason of the inclusion of the value of Trust property
in my husband's estate. Such payment shall be equal to the amount by which (1) the total of such
SAIDIS,
SHUFF &
MASLAND
ATTORNEYS*AT*LAW
2109 Market Street
Camp Hill, PA
death taxes by my husband's estate exceeds (2) the total of such death taxes which would have
been payable if the value of the Trust property had not been included in my husband's estate. The
determination by the Executor of my husband's estate of the amount payable hereunder shall be
final. I further direct the Trustee to pay such amount promptly upon written request of the
Executor of my husband's estate. The final determination of the amount due hereunder shall be
based upon the value as finally determined for Federal estate tax purposes in my husband's
estate. After payment of the amount finally determined to be due hereunder, Trustee shall be
discharged from any further liability with respect to such payment. My husband may waive his
estate's right to payment under this subparagraph by Will, executed after my death, in which he
specifically refers to the right to payment hereunder given to his estate.
V. Disclaimer: My husband (or his personal representative, guardian or agent
acting under a power of attorney) may disclaim any part or all of the gifts to him hereunder,
including the provisions for him in the trusts set forth in ITEMS III and IV. In such event, the
disclaimed amounts which would be payable to him or to the trusts created herein shall be dis-
tributed to my son, ROBERT J. COOK, JR.
VI. Survivorship: Any person, other than my husband, who shall have died at
the same time as myself, or under such circumstances that the order of deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have
predeceased him. If my husband dies at the same time as myself, or under such circumstances
that the order of deaths cannot be established by proof, my husband shall be deemed to have
survived me. Any person (other than myself) who shall have died at the same time as any then
recipient of income under such circumstances that the order of deaths cannot be established by
proof, shall be deemed to have predeceased such beneficiary.
SAIDIS,
SHUFF &
MASLAND
AITORNEYS*ATeLA.~_...~.~W
2109 Market Street
Camp Hill, PA
VII. Power of Appointment: No provision of this will shall exercise any
power of appointment I may have.
VIII. Protective Provisions: No part of the income of the property held under
the Trusts shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or
trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof.
Trustee shall pay over the net income and the principal to the parties herein designated, as their
interest may appear, without regard to any attempted
anticipation, pledging or assignment by any beneficiary under a Trust and without regard to
any claim thereto or attempted levy, attachment, seizure or other process against said
beneficiary.
IX.
representative and Trustee
without court approval:
Powers of
shall
Personal Representative and Trustee: My personal
posses, among others, the following powers exercisable
A. To vary or to retain investments, including the stock of any
corporate Trustee named herein, when deemed desirable by them, and to invest in such bonds,
stocks, notes, real estate mortgages or securities or in such other property, real or personal as they
6
SAIDIS,
SHUFF &
MASLAND
ATtORNEYS.AT*LAW
2109 Market Street
Camp Hill, PA
shall deem wise.
B. In order to effect a division of the principal of a Trust or for any
other purpose, including any final distribution of a Trust, they are authorized to make said
divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts created hereunder so long as the total market value
of any share is not affected by such allocations. Should it appear desirable to partition any real
estate, they are authorized to make, join in and consummate partitions of lands, voluntarily or
involuntarily, including giving of mutual deeds, recognizances, or other obligations with as wide
powers as can be exercised by an individual owner in fee simple.
C. To sell either at public or private sale and upon such terms and
conditions as they may deem advantageous to a Trust, any or all real or personal estate or interest
therein owned by a Trust severally or in conjunction with other persons, and to consummate said
sale or sales by sufficient deeds or other instruments to the purchasers or purchasers, conveying a
fee simple title, free and clear of all trust and without obligation or liability of the purchaser or
purchasers to see to the application of the purchase money, or to make inquiry into the validity of
said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be necessary or desirable in carrying out any of
the powers conferred upon them in this paragraph or elsewhere in the instrument.
D. To mortgage real estate, and to make leases of real estate
extending beyond the term of the Trusts hereunder.
E. To borrow money from any party, including my persona
representative and trustee, to pay indebtedness of a Trust and taxes, and to assign and pledge
7
SAIDIS,
SHUFF &
MASLAND
ATtORNEYS,AT*lAW
2109 Market Street
Camp Hill, PA
assets of a Trust therefor. Provided, however, that this paragraph shall not authorize borrowing
from "Trust B".
F. To pay all costs, taxes, expenses and charges in connection with
the administration of a Trust, including a reasonable compensation to agents. If any estate or
inheritance taxes are payable from assets received by Trustee, such taxes shall be paid from the
assets of"Trust A".
G. In the discretion of my personal representative or trustee, to unite
with other owners of similar property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of a Trust.
H. To vote any shares of stock which form a part of a Trust.
I. To assign to and hold in trust an undivided portion of any asset.
J. To divide any Trust created in this Agreement into two or more
separate Trusts (1) to segregate property not subject to Pennsylvania inheritance tax, or (2) so
that the inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or
one, in order that an election under 2652(Section a)(3) of the Intemal Revenue Code may be
made with respect to one of the separate Trusts, or (3) for any other reason.
K. To do all other acts in its judgment deemed necessary or desirable
for the proper and advantageous management, investment and distribution of the Trusts.
L. Any corporate fiduciary acting as a personal representative o~
trustee hereunder shall be entitled to compensation based on its regular schedule of fees for such
services in effect at the time of the service rendered.
M. Should the principal of any Trust herein provided for become toe
SAIDIS,
SHUFF &
MASLAND
ATrORNEYS:AT,LAW
2109 Market Street
Camp Hill, PA
small, in their discretion, so as to make continuance of the Trust inadvisable, they may make l
immediate distribution of the then remaining principal and any accumulated or undistributed
income outright to the person or persons and in the proportions they are then entitled to income.
Upon such termination the rights of all persons who might otherwise have any interest as
succeeding income beneficiary or in remainder shall cease. If any person to receive distribution
is a minor or disabled in any way, they may pay the fund to the parent, guardian, or person or
organization taking care of that person, or, with respect to a minor, Trustee may deposit the fund
in a savings fund account in the minor's name payable to the minor at majority.
These authorities shall extend to all property at any time held by my Executor or my
Trustee and shall continue in full force until the actual distribution of all such property, except
as otherwise specifically stated. All powers, authorities, and discretion granted by this will
shall be in addition to those granted by law and shall be exercisable without court authoriza-
tion.
X. DisabiliW: Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are herein directed to be made, shall be under legal disability,
or in the sole judgment of Trustee, shall otherwise be unable to apply such payments to his
own or her own best interests and advantages, Trustee may make all or any portion of such
payments in any one or more of the following ways:
A. Directly to such beneficiary;
B. To the Legal Guardian or Conservator of such beneficiary;
SAIDIS,
SHUFF &
MASLAND
ATTORNI~YSlATeLAW
2109 Market Street
Camp Hill, PA
C. To a relative of such beneficiary, to be expended by such relative for
the benefit or such beneficiary; or
D. By itself expending same for the benefit of said beneficiary. These
provisions shall not apply to "Trust B".
XI. Personal Representatives and Trustees: I appoint my son, ROBERT J.
COOK, JR., Executor of this, my Last Will and Testament. Should my said son fail to qualify
or cease to act as such, then I appoint my daughter-in-law, KAREN ENGLANDER COOK,
to act in this capacity.
! appoint my son, ROBERT J. COOK, JR. as Trustee of any trusts created
herein. Should my said son fail to qualify or cease to act as such, I appoint my daughter-in-law,
KAREN ENGLANDER COOK, to act in this capacity. None of my personal representatives
shall be required to post bond in this or any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on
this, the ,.5~ day of t~.),.:~t~' kg ~:~t'~ , 1999.
ARLENE S. COOK
(SEAL)
lo
SAIDIS,
SHUFF &
MASLAND
A'ITORNBYS:AT.LA~W
2109 Market Street
Camp Hill, PA
In our presence the above-named testatrix signed this and declared it to be her will, and now at
her request, in her presence, and in the presence of each other, we sign as witnesses:
~ddress
"'" Address
COMMONWEALTH OF PENNSYLVANIA)
· SS.
COUNTY OF CUMBERLAND)
WE, the undersigned, the testatrix and the witnesses, respectively, whose names are si~ne
the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
testatrix signed and executed the instrument as her Last Will and Testament and that she signed ~illi
(or willingly directed another to sign for her), and that she executed it as her free will and volun Iar
for the purposes therein expressed, and that each of the witnesses, in the presence and hearint: of
testatrix signed the will as witnesses and that to the best of their knowledge the testatrix was at ti ~at t
eighteen years of age or older, of sound mind, and under no constraint or undue influence.
Testatrix
Witness
.... (iii
SAIDIS,
SHUFF &
MASLAND
ATI'ORNEYS. AT"LA~
2109 Market Street
Camp Hill, PA
Subscribed, sworn to and acknowledged before me by the testatrix, and subscribed and
to before me by both witnesses, this ,5 day of ~.-.'."f~,-- ,1999.
.
~ ~ot~ic'
12
APPRAISAL CERTIFICATION
I hereby certify that upon application for valuation by:
THE ESTATE OF ARLENE S. COOK
the undersigned personally inspected the following described property:
All that certain piece or parcel of land, with the improvements thereon erected, situate
in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
Beginning at a point on the easterly line of Kitszell Drive, which said point is more
particularly located at the intersection of the easterly line of Kitszell Drive and the dividing line
between Lots Nos. 24 and 25 on the "Final Land Development Plan for the Mayapple Village
Wexford Patio Unit Lots"; thence from said point and place of beginning along the dividing
line between Lots Nos. 24 and 25 along a curve to the left having a radius of 233.53 feet, an arc
distance of 18.15 feet along a chord bearing of North 01 degrees, 27 minutes 39 seconds East, a
chord length of 18.15 feet to an iron pin on the easterly line of Kitszell Drive; thence from said
iron pin North 03 degrees, 41 minutes, 16 seconds East, a distance of 79.50 feet to an iron pin
along the easterly line of Kitszell Drive; thence from said iron pin along a curve to the right
having a radius of 42.00 feet, an arc distance of 110.32 feet along a chord bearing of North 78
degrees 56 minutes 04 seconds East, a chord length of 81.23 feet to an iron pin on the westerly
line of Kitszell Drive; thence from said iron pin South 25 degrees, 49 minutes, 07' seconds East,
a distance of 65.00 feet to a point on the westerly line of Kitszell Drive and along the dividing
line of Lots Nos. 24 and 25; thence from said point South 64 degrees, l0 minutes, 53 seconds
West, a distance of 126.20 feet to the point and place of beginning. Containing 0.2266 acre.
To the best of my knowledge and belief the statements contained in this report are true
and correct, and that neither the employment to make this appraisal nor the compensation is
contingent upon the value reported, and that in my opinion the Market Value as of February 29,
2004 is:
ONE HUNDRED SEVENTY-SEVEN THOUSAND DOLLARS
$177,000
The property was appraised as a whole, subject to the contingent and limiting conditions
outlined herein.
Larry E. Foote
Certified General Appraiser
GA-000014-L
3
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
LOCATION:
TAX PARCEL NUMBER:
IMPROVEMENTS:
PROPERTY RIGHTS:
OWNERSHIP HISTORY:
SCOPE OF THE ASSIGNMENT:
OBJECTIVE:
EFFECTIVE DATE:
HIGHEST AND BEST USE:
COST APPROACH:
SALES APPROACH:
INCOME APPROACH:
FINAL VALUE CONCLUSION:
4 Kitszell Drive
Carlisle, Pennsylvania
40-09-0533-119
Two-story detached single-family dwelling.
Fee simple interest.
The subject property is owned by Arlene S. Cook. The
property was purchased on December 30, 1999 for a
reported consideration of $1.00 and ownership transferred
on Deed Book 214, Page 765.
The scope of the assignment included an analysis of the
subject's area, an inspection of the subject property, an
estimation of the property's highest and best use,
consideration of all three approaches to value, and the
application of those relevant to the valuation of the
subject.
To estimate the market value of the subject property as
unencumbered.
Febmary29,2004.
Continued use as a single-family residence.
N.A.
$177,000
N.A.
$177,000
2
and omp , 0.
certified Public Accountants
Frederick W. Pfister, C.RA.
Richard F. Rornpalo, C.P.A.
John R. Steffee, C.P.A.
342 North Front Street
Wormleysburg, PA 17043
(717) 975-8500
FAX: (717) 975-9952
www. pfiste rand rornpalo, com
Willliam A. Duncan, Esquire
Duncan, Hartman & Douglas
One Irvine Row
Carlisle, PA 17013
August25,2004
Re: Estate of Arlene S. Cook
Dear Bill:
Arlene S. Cook owned three investments in American Funds at the time of her
death. I have contacted American Funds and they have given me the following share
totals and fair market values of the investments in Mrs. Cook's account number
64365075 as of February 29, 2004.
Capital World Growth and Income Fund A
Washington Mutual A
The Income Fund of America A
TOTAL
2121.611sh
2054.719sh
3987.222sh
8163.552sh
$ 66,363.99
$ 61,086.80
$ 69,935.87
$197,386.66
There were no income or dividend distributions to this account in 2004 prior to
Mrs. Cook's death. According to our records, Mrs. Cook made the initial investment of
$150,000 into these funds on November 22, 1999.
We have contacted American Funds by phone and letter and requested they
transfer the ownership and income reporting on these funds to the Estate of Arlene S.
Cook in care of your address as of February 29, 2004.
Please contact me with any questions.
LOOK FOR US. WE'LL GET YOU THERE.
7/1/2004
DUNCAN HARTMAN & DOUGLAS
ONE IRVINE ROW
CARLISLE PA 17013
The information which you requested on the account(s) of ARLENE S COOK
(Social Security Number 181-32-4886) is/are as follows:
Account Number 7100014465
Class of Account CERTIFICATE
Date Opened 121001
Principal Balance 50000.00
Accrued Interest 187.56
Balance at Date of 50187.56
Death
Account Ownership SOLE
Name of Joint
Owner, if any
Date Ownership 121001
Was Established
Account Number
Class of Account
Date Opened
Principal Balance
Accrued Interest
Balance at Date of
Death
Account Ownership
Name of Joint
Owner, if any
Date Ownership
Was Established
Additional
Information
Requested
SENIOR SERVICES REP.
RO. Box 171 I, HARRISBURG, PENNSYLVANIA 17105-1711
Toll Free 1-866-WAYPOINT (I-866-E)29-764E;) · IN YORK AREA 717/815-4S00 · vv~vw, wagpointbank.com
E TRADE
FINANCIAL'
July 30, 2004
William A Duncan
Duncan Hartman & Douglas PC
One Orvine Row
Carlisle PA 17013
RE: Arlene S. Cook, Deceased
Social Security No: 181-32-4886
Dear Mr. Duncan,
In response to your inquiry concerning Arlene S. Cook (SSN 181-32-4886), the value of the
accounts as of the date of death, February 29, 2004, was as follows:
Account No: Account Type Opening Date DOD Balance Interest Accrued
2002621767 5 Year CD 7/18/00 $100,000.00 $0.00
Titled: Arlene S. Cook, Sole Owner
Arlene S. Cook held no other accounts or safe deposit boxes.
If you have any further questions, please correspond directly to the Deposit Operations
Accounts Servicing team at the address listed below, or via fax at (800) 664 - 4641.
Sincerely,
Nichelle LucasTM
Deposit Operations Accounts Servicing
E'TRADE Bank
E'TRADE Bank
P.O. Box 1542
Merrifleld, VA 22116
tel: 1.800. ETBANK. 1
fax: 1.800.664.4641
etradebank, corn
PLEASE READ THE IMPORTANT DISCLOSURES ON THE BACK OF THIS LE'I-rER.
40(~ Mitchell Road, Mil sboro, DE 19966 Mai[ Code DE-MB-12
Duncan, llartman & Douglas, P.C.
Attorneys At Law
One Irvine Row
Carlisle, Pennsylvania 17013
Phone (888) 502-4349
Fax (302) 934-2955
Aagust 18, 2004 Revised
Re: Estate of' Arlene S. Cook
Social Securitv.~: 181-22-4886
Date of Death: February 29, 2004
Dear Mr. Duncan:
Per yoar inquiry dated June 29, 21304, please be advised thai at the time of death, the abow-named decedent had on deposit
with ti:is bank the following:
1. Type qAccount
dcco~mt Number
Chvnership bVames (~
O[~ening Dote
Balance on Date qf Dc, ath
Accrued Interest
To,iai
Cert(ficate of Deposit
03 J 003910982733
Arlene S. Cook
O&_, l,.'O0
$ t 00, 000. Od
$
(l,'pe of ,4ccour~t
Box Number/Location
Ownership (Nomes
Opening Date
Safe Deposit Bar
O000 l 47 / Spring Garden
Robert d Cook
Arlene S Cook
04/ 30,/0 t
Type of Account
Account Number
Ownership (Names o])
Opening Date
Bakmce on Date of Death
,4 ccrtted D~terest
Totot
Checking ,4 ccount
9834621238
Arlene S. Cook
I0/01,'03 closed 3/30/0,t
$8.1 I5.84
S 1.42
$8,117.26
CITIZENS BANK
Account Number 6140696402
Account Title ARLENE COOK
Date Opened 3/24/95
Account Type
Principal Balance as of DOD
Interest from Last Posting to DOD
Account Balance as of DOD
YTD Interest to DOD
Time Deposits (IRA)
$3263.50
$3.48
$3266.98
$78.66
CITIZENS BANK
Account Number 6140703484
Account Title ARLENE COOK
3/14/96
Date Opened
Account Type
Principal Balance as of DOD
Interest from Last Posting to DOD
Account Balance as of DOD
Time Deposits (IRA)
$2936.67
$7.06
$2943.73
YTD Interest to DOD $70.79
CITIZENS BANK
Account Number
Account Title
Date Opened
Account Type
Principal Balance as of DOD
Interest from Last Posting to DOD
Account Balance as of DOD
6140888409
ARLENE COOK
4/11/90
Time Deposits (IRA)
$10749.94
$30.14
$10780.08
YTD Interestto DOD $259.15
CITIZENS BANK
Account Number 6140888654
Account Title ARLENE COOK
Date Opened 4/5/91
Account Type
Principal Balance as of DOD
Interest from Last Posting to DOD
Account Balance as of DOD
Time Deposits (IRA)
$384.96
$1.66
$386.62
YTD Interest to DOD $14.02
CITIZENS BANK
Account Number 6140888697
Account Title ARLENE COOK
Date Opened 12/16/90
Account Type
Principal Balance as of DOD
Interest from Last Posting to DOD
Time Deposits (IRA)
$ .oo
$ .00
Account Balance as of DOD $ .00
YTD Interest to DOD $18.26
OP, RSTOWN BANK
TO:
Duncan, Hartman & Douglas, P.C.
Attorneys at Law
One Irvine Row
Carlisle, PA 17013
FROM: ORRSTOWN BANK
P.O. BOX 250
SHIPPENSBURG PA 17257-0250
RE:
ESTATE OF Arlene S Cook DECEASED
DATE OF DEATH: February 29,2004
IT IS HEREBY CERTIFIED THAT THE ABOVE NAMED DECEDENT HAD, ON THE ABOVE DATE, THE
FOLLOWING ACCOUNTS WITH ORRSTOWN BANK:
(1)
CHECKING ACCOUNTS
ACCOUNT NO. TITLE OF ACCOUNT
DATE OPENED
DATE OF DEATH
PRINCIPLE & ACCRUEDINTEREST
ACCOUNT NO.
SAVINGS ACCOUNT
TITLE OF ACCOUNT DATE OPENED
DATE OF DEATH
PRINCIPLE & ACCRUED INTEREST
(3)
CERTIFICATES OF DEPOSIT
ACCOUNT NO.
TITLE OF ACCOUNT
DATE OPENED
5080066578 Robert J Cook Sr 3/14/02
Arlene S Cook
DATE OF DEATH
PRINCIPLE & ACCRUED INTEREST
100,000.00 197.26
9/23/04 By Timothea Customer Service Operator
P.O. BOX 250 · SHIPPENSBURG, PA 17257 · TEL. (717) 532-6114
BUREAU OF INDIVIDUAL TAXES
TNHERTTANCE TAX DTVTSZON
PO BOX 180601
HARRTSBURG, PA 1711B-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAZSEHENT, ALLO#ANCE OR DZSALLONANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
WILLIAM A DUNCAN ESQ
DUNCAN ETAL
I 1RVINE ROW
CARLISLE PA 17015
DATE 11-ZZ-ZOOq
ESTATE OF COOK ARLENE
DATE OF DEATH 02-29-200q
FILE NUMBER 21 0~-0299
COUNTY CUMB~L AND
ACN 101 ~ '
Amoun'V RaeA:k:kad..~.
HAKE CHECK PAYABLE AND REfiT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
S
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF COOK ARLENE S FILE NO. 21 0~-0299 ACN 101 DATE 11-22-200~
TAX RETURN NAS: (X) ACCEPTED AS FTLED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRATSED VALUE OF RETURN BASEl) ON:
1. Real Es~a*e (Schedule A)
2.
$.
q.
$.
6.
7.
8.
ORIGINAL RETURN
S:kocks and Bonds (Schedule B) (2)
Closely Held S:kock/Par:knarshAp Zn:kares:k (Schedule C) ($)
Hor:kgagas/No:kas RecaAvabla (Schedule D) iq)
Cash/Bank DaposA:ks/MAsc. Personal Proper:ky (Schedule E) (5)
JoAn:kly Owned Proper:ky (Schedule F) (6)
Transfers (Schedule G) (7)
To,al Assa:ks
APPROVED DEDUCTTONS AND EXEMPTIONS.'
9. Funeral Expansas/Adm. Cos:ks/MAsc. Expanses (Schedule H)
10. Dab:ks/Mor:kgage LAabili:kies/LAans (Schedule 1)
11. To:kal Daduc:kAons
12. Ne:k Value of Tax Re:kurn
1:5.
(9)
(10)
CharA:kable/Governeen:kal Baques:ks; Non-alac:kad 9115 Trusts (Schedule J)
Na:k Value of Es:ka~e Subjac:k :ko Tax
177~000.00
197~$86.66
.00
.00
276~915.05
.00
55~787.69
(8)
~7,q17.58
.00
NOTE: To Ansure proper
cradA:k :ko your account,
subeA:k :kha upper por:kion
of :khAs fore wA:kb your
NOTE:
705,087.q0
(11) :37.~17.~8
(12) 667,669.82
(1:5) . O0
(lq) 667,669.82
Z~ an assessment ~as lssued previously, 11neb 14, 15 and/er 16, 17,
reflect ~igures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Aeoun:k of LAne lq a:k Spousal ra:ke
16. Amoun:k of LAne lq :kaxable a:k LAneal/Class A ra:ke
17. Aeoun:k of LAne lq a:k SAblAng re:kB
18. A.oun:k of LAne lq :kaxabla a:k Colla:karal/Class B ra~a
19. Princi)al Tax Due
TAX CREDITS
PAYMENT RECEIPT DISCOUNT (+)
DATE NUMBER INTEREST/PEN PAID (-)
05-18-Z00~ CD00;59~ 789. q7
10-01-200~ CDOOqq51 . O0
18 and 19 will
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
(15) 191,767.26 x O0 = .00
(16), q75,902.56 x Oq5 = 21,q15.62
(17), . O0 x 12 = . O0
(lB), .00 x 15 = .00
(19)= 21,q15.62
AMOUNT PAZD
15,000.00
5,626.17
TOTAL TAX CREDIT 21,q15.6q
BALANCE OF TAX DUEI . OZCR
INTEREST AND PEN. .00
TOTAL DUE . OZCR
( TF TOTAL DUE TS LESS THAN $1, NO PAYMENT IS REI~UTRED.
TF TOTAL DUE TS REFLECTED AS A "CREDTT" (CR}, YOU MAY BE DUE
A REFUND. SEE REVERSE STDE OF THTS FORM FOR TNSTRUCTTONS.)~L~
RESERVATION:
Estates of decedents dying on or before December 1Z, 198Z -- if any futura interest in the estate is transferred
in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for
life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
PURPOSE DF
NOTICE:
PAYMENT:
REFUND (CR):
OBJECTIONS:
ADMIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
To fulfill the requirements of Section Il40 of the Inheritance and Estate Tax Act, Act Z3 of ZOO0. (TZ P.S.
Section 9140).
Detach the top portion of this Notice and submit with your payment to the Register of Hills printed on the reverse side.
--Make check or money order payable to: REGISTER OF HILLS, AGENT
A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an
"Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available
online at www.ravenue.state.ca.us, any Register of Hills or Revenue District Office, or from the Department's
Z4-hour answering service for forms orders: 1-800-56Z-Z050; services for taxpayers aith special hearing and/or
speaking needs: 1-800-447-30Z0 (TT only).
Any party in interest not satisfied with the appraismant, allowance or disalloaance of deductions or assessment of tax
(including discount or interest) as shown on this Notice may object aithin 60 days of the date of receipt of this notice
by filing one of the following:
A) Protest to the PA Department of Revenue, Board of Appeals. You may object by filing a protest online at
www.boardofeppeals.stata.pa.us on or before the expiration of the sixty-day appeal period. In order for
an electronic protest to be valid, you must receive a confirmation number and processed date frae the
Board of Appeals website. You may also send a written protest to PA Department of Revenue, Board of Appeals
P.O. Box ZBlOZl, Harrisburg, PA 171ZB-IOZ1. Petitions amy not be foxed.
B) Election to have the matter determined at the audit of the account of the personal representative.
C) Appeal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Revise Unit, P.D. Box lB0601, Harrisburg, PA 171ZB-0601
Phone (?17) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-1501) for an explanation of administratively correctable errors.
If any tax due is paid within three (3) calendar months after the decadent's death, a five percent (BX) discount of
the tax paid is allowed.
The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation
penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest
that has been assessed es indicated on this notice.
Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of
death, to the data of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of
six (6Z) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after
January l, 198Z will bear interest et a rate which will vary free calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 19BI through ZOO4 are:
Interest Daily Interest Daily Interest
Daily
Year Rate Factor Year Rate Factor Year Rate Factor
~ ZOZ .000548 ~'~-1991 llZ .000301 ~ 9Z .000Z47
1983 16Z .000438 1992 91 .000247 ZOO2 6Z .00016~
1984 llZ .000301 1993-1994 7Z .O0019Z 2003 5Z .000137
1985 13X .000356 1995-1998 9Z .000247 2004 4Z .000110
1986 IOZ .000Z74 1999 7X .00019Z
1987 IOZ .DOOZ?4 ZOO0 7Z .O0019Z
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID
X NUHBER OF DAYS DELINI~UENT X DALLY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days
beyond the date of the assessment. If payment is made after the interest computation date shown an the
Notice, additional interest must be calculated.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
RECORD ADJUSTMENT
BUREAU OF INDIVIIl!W:>(nDIn"l ('[qr,: (,C
INtERITANCE TAX DIVISfuNi~.)l"'iTX.T...1 \11 I ,0L '._:
PD BDX 280601 .-.'-r'i r,- ",'
HARRISBURG PA 17128-0601. _, t_,;
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
2,.: f',!: L~ r : i' ...., f'- r..~','
liJu }'i\..': J U I i-I
20'-
Ii:
C~J::~'<:~:~
WILLIA",9[<riU~~~N
DUNCAN"ETAL
1 IRVINE ROW
CARLISLE
I:~':-
ESQ,
PA 17013
08-09-2005
COOK
02-29-2004
21 04-0299
CUMBERLAND
101
Allount R8..i tied
*'
REV-1593 EX AFP (03-05)
ARLENE
S
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE
NOTE: To insure proper credit to your account 1 sub.it the upper portion of this for. with your t.x paYllent.
-+ RETAIN LOWER PORTION FOR YOUR RECORDS +-
------------------------------------------~------------------------------------------------------------------------------------------
REV-1593 EX AFP (03-05)
ESTATE OF COOK
ARLENE
.. INHERITANCE TAX RECORD ADJUSTMENT ..
ACN 101
S FILE NO. 21 04- 0299
AD.JUSTI1ENT BASED ON:
VALUE OF ESTATE:
BOARD OF APPEALS REFUND
1. R..1 Est.t. (Schedule A)
2. Stocks .-uI Bonds (Schedul. B)
3. Closely Held Stock/Partnership Interest (Schedule C)
11\. tIortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposlts/Hisc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Totel Assets
DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Administrative Costs/
Miscellaneous Expenses (Schedule H)
Debts/Mortgage Liabilities/Liens (Schedule I)
Total Deductions
Net Value of Tax Return
Charitabl./Gov.r~.ntal Bequests; Non-elected 9113 Trusts
Net Value of Estate Subject to Tax
10.
11.
12.
13.
1....
TAX:
15. Anount of Line 14 at Spousal rate
16. Anount of Line 14 taxable at Lineal/Class A rate
17. ADOUnt of Line 14 at Sibling rate
18. Anount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
(9)
(10)
(15)
116l
(17)
(18)
(1)
(2)
(3)
I...)
(5)
(6)
(7)
177.000.00
197.386,66
.00
.00
276.913,05
.00
53.787.69
(8)
37.417.58
.00
Ill)
(12)
(13)
11...)
(Schedule J)
230.106.91X 00 =
437.562,91X 045=
.OOX 12 =
.OOX 15 =
(19)
DATE
08-09-2005
705,087.40
37.417 .58
667.669.82
.00
667. 669.82
.00
19.690.33
.00
.00
19.690.33
K~..<.r' .. ,., AI10UNT PAID
DATE NUIIBER INTEREST/PEN PAID (-)
05-18-2004 ...... CD003944 789,47 15,000.00
10-01-2004 " CD004451 .00 5,626.17
TOTAL TAX CREDIT 21 415,64
BALANCE OF TAX DUE 1,725.31CR
INTEREST AND PEN. .00
TOTAL DUE I 1,725,31CR
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FDR CALCULATION DF ADDITIONAL INTEREST.
IF TDTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. ~
IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FDR INSTRUCTIONS.)
BOARD C : APPE o\LS
DEPT. 281021
HARRISBURG. PA 17128-1021
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
WILLIAM A DUNCAN ESQ
DUNCAN ET AL
1 IRVINE ROW
CARLISLE PA 17013
IN RE ESTATE OF:
COOK ARLENE S
DOCKET NO.:
TAX TYPE:
APPEAL TYPE
FILE NUMBER:
ACN:
APPRAISEMENT:
PETITION FILED:
EXAMINER:
MAILING DATE:
DECISION AND ORDER
0508506
Inheritance
Refund
2104-0299
101
11/22/2004
5/16/2005
DONNA E AUMENT
Direct Dial: (717) 783-7894
Fax: (717) 787-7270
Email: daument@state.pa.us
August 4, 2005
Petitioner has submitted a letter from Aurora National Life Assurance Company which
indicates that the decedent's annuity reported on Schedule G passed to her surviving spouse as
surviving owner/annuitant/beneficiary. Accordingly, the full value of the annuity is taxable at the
0% rate rather than being included in the trust which has been taxed to the extent of a life estate
to the spouse and a remainder interest to the decedent's son.
Accordingly, it is hereby Ordered that the petition for refund is granted.
The Department is directed to issue an amended appraisement and assessment
reflecting the increase in the estate taxable at the 0% spousal rate to $230,106.91 ($53,787.69
annuity + $176,319.22 life estate in $613,882.13 net probate estate) and the reduction in the
estate taxable at the 4.5% rate to $437,562.91 (remainder interest in $613,882.13 net probate
COOK ARi..ENE S
BOARD DOCKET NO. 0508506
Page 2 of 2
estate). It is further Ordered that the estate be issued a cash refund, plus appropriate interest, of
the resulting $1,725.31 overpayment ($19,690.33 tax on $437,562.91 remainder at 4.5% less
$15,789.47 payment on 5-18-04 and discount thereon, les5$5,626.17 payment 10-01-04).
FOR THE BOARD OF APPEALS
JOSEPH R. SLEEK, MEMBER
ANY APPEAL FROM THIS DECISION MUST BE FILED WITH THE BOARD OF FINANCE
AND REVENUE, 1101 SOUTH FRONT ST., SUITE 400, HARRISBURG, PA 17104,
WITHIN NINETY (90) DAYS OF THE MAILING DATE OF THIS DECISION. TELEPHONE
(717) 787-2974.
A CASH REFUND WILL BE MAILED TO YOU BY THE BUREAU OF INDIVIDUAL TAXES.
IF YOU REQUIRE THIS INFORMATION IN AN ALTERNATE FORMAT UNDER THE
PROVISIONS OF AMERICANS WITH DISABILITIES ACT OF 1990, PLEASE CALL
(717) 783-3664, OR FOR SERVICES FOR TAXPAYERS WITH SPECIAL HEARING
AND SPEAKING NEEDS: 1-800-447-3020 (TT ONLY).
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
r',r~a,~1r~~~i~TAX
S:TA.. TEMEN....:10'F ACCOUNT
-. . .. ~.. "
REV-1607 EX AFP (03-05)
r\1 I
D.P~-':~n
I 'ES'tAlf! OF
DATE OF DEATH
FILE NUMBER
. COUNTY
ACN
09-12-2005
COOK
02-29-2004
21 04-0299
CUMBERLAND
101
ARLENE
S
,......,.,r- (""..,- .....,
iti '.':] :~: .,' - l
WILLIAM A DUNCAN
DUNCAN ETAL
1 IRVINE ROW
CARLISLE
ESQ
('\1
Allount Remitted
PA 17013
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
+-
---------------------------------------------------------------------------
REV-1607 EX AFP (03-05)
*** INHERITANCE TAX STATEMENT OF ACCOUNT ...
ESTATE OF COOK ARLENE S FILE NO.21 04-0299 ACN 101 DATE 09-12-2005
THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW
IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 08-08-2005
PRINCIPAL TAX DUE: 19,690.33
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
05-18-2004 CDo03944 789.47 15,000.00
10-01-2004 CDo04451 .00 5,626.17
08-24-2005 REFUND .00 1,725.31-
TOTAL TAX CREDIT 19,690.33
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
III IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRJ,
YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. J
Q~
PAYMENT:
Detach the top portion of this Notice and submit with your payment made payable to the name and address
printed on the reverse side.
If payment if for a RESIDENT DECEDENT, make check or money order payable to:
Register ocwms, Agent
If payment if for a NON-RESIDENT DECEDENT, make check or money order payable to:
Commonwealth oCPennsylvania
Failure to pay the tax, interest, and penalty due may result in the filing of a lien of record in the
appropriate county, or the issuance of an Orphan's Court citation.
REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an
"Application for Refund of PennsYlvania Inheritance and Estate Tax" (REV-13l3). Applications are available
online at www.revenue.state.oa.us. any Register of Wills or Revenue District Office, or from the Department's
24-hour answering service for forms orders: 1-800-362-2050; services for taxpayers with special hearing and/or
speaking needs: 1-800-447-3020 (TT only).
REPLY TO: Questions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau
of Individual Taxes, ATTN: Post Assessment Review Unit, P.O. Box 280601, Harrisburg, PA 17128-0601, phone
(717) 787-6505.
DISCOUNT:
If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%) discount
of the tax paid is allowed.
PENALTY:
The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the end of the tax amnesty period.
INTEREST:
Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of
death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of
six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after
January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2005 are:
Interest Daily Interest Daily Interest Daily
Year Rate Factor Year Rate Factor Year Rate Factor
1982 20% .000548 1988-1991 11% .000301 2001 9% .000247
1983 16% .000438 1992 9% .000247 2002 6% .000164
1984 11% .000301 1993-1994 n .00019Z 2003 5% .000137
1985 13% .000356 1995-1998 9% .000247 2004 4% .000110
1986 10% .000274 1999 n .000192 2005 5% .000137
1987 9% .000247 2000 8% .000219
--Interest is calculated as follows:
INTEREST
BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days
beyond the date of the assessment. If payment is made after the interest computation date shown on the
Notice, additional interest must be calculated.
~,
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If"~I:'CZ5:Jl:S;!J,,.\Cl1.~ \U1li. rt~ J!..ll..!La tUiJL ~1UiJ!..ld1.lUt;::::.!L' E..G::iLli.!!.\UL \0QJiU!ll1LLy
STATUS REPORT LJ~uER RULE 6.12
Name of Decedent: A y ) e Y1 8
Date of Death: 0 ~ I ~ q J () 11
Estate No.: :2/- 04- C) ~ 9 <J
7, Coo )c:-
.
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rilles, I report the following
with respect to completion of the administration of the above-captioned estate:
1. State yvhyther administration of the estate is complete:
Yes B 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 0 No 0
b. The separate Orphans' Comi: No. (if any) for the personal representative's
account is:
c. Did the personal r~sentative state fu"1 account informally to the pa.."'iies in
interest? Yes JB" 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 tbis report.
\lA~.M^-(~
Signature
flill/d/J1 A, fJw IIp4!?
Name dfl
/ r J/ ;/I~ ~Vf/
~4,,/i~Je; fJA 170/p
Address
"'7/'7-- ;7--'1 f-- 77 8~
Date: ~/11 tJ'"
~:"
C.T)
Lt:;
('"J
'. -
I
7'p.1~;,,;h^;....p i\..10
.. -'--.t'......---.- ." '.-
~~ '?
C2:p~citi: ~ Pe~sQiJ.al P~eprese71:2.::ive
!y(',.,..-,,-l .c__ '-e--.I'-.~ 1 ,--~---~~t. ~.;.:.v~
l,T-' ,-..';C"-l~'=_ lUl 1-' ""'-'ll"-_ lCl-'CC"'''"" a-Cl."
'~t.
Cumberland County - Register Of
T'....~. , '1 _
lllJJ.J.J.::J
r'\......._ (""'l_..~...-+-'....._.~,.....,,"", ~'--~"-""__
VllC '--VU.LLllVUbC u'-::!.UQ..LC
0-....,...1";.-.1_ 1)7\ '"!'1/\1")
~~~~~O~C, =~ ~,v~~
Phone: (717) 240-6345
Date: 2/02/2006
DUNCAN WILLIAM A
1 IRVINE ROW
CARLISLE, PA 17013
RE: Estate of COOK ARLENE S
File Number: 2004-00299
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. I, for decedents dying on or after
July I, 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 is due by:
3/29/2006
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
),",~~~!}~J~
(' -1'/
GLENDA FARNER STP~SBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge