HomeMy WebLinkAbout03-1046PETITION
Estate of Karl W. Rot:z
also known as
FOR PROBATE and GRANT OF LETTERS
To:
Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Social Security No.
Deceased.
194-26-682'].
The petition of the undersigned respectfully represents that:
Your petitioner(x), who is/amc 18 years of age or older an the execut rix
in the last wilt of the above decedent, dated January 25
and codicil(s) dated none
in the
named
,19 95
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
h is last family or principal residence at 1003 Newburg Road, Shippensburg?
Sout:hamp t:on Townsh-ip
(list street, number and muncipality)
Decendent, then 69 years of age, died December 1, 2003 ,X~ ,
at Chambersburg Hosp±t:al, Chambersburg, PA
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: none
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:
5,555
WHEREFORE, petitioner(s) respectfully
presented herewith and the grant of letters
theron.
request(s) the probate of the last will and codicil(s)
t e s t ament ary
(testamentary; administration cma.; administration d.b.n.c.t.a.)
Pauline M. Rotz ~
1003 Newburg Road
Shippensburg, PA 17257
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 3
COUNTY OF CUMBERLAND ) SS
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and, truly administer the estate according to law.
~._/ ," /-') .. .
Sworn to or affirmed and subscribed
blffore me this l~4z~q day of
Pauline M. Rotz
No.
Estate Of Karl W. Rotz
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~,~)~ 0~mJ)-~L ~3 ~06 ~ ~ , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated January 25, 1995
described therein be admitted to probate and filed of record as the last will of
Karl W. Rotz ;
and Letters Testamentary
Pauline M. Rotz
are hereby granted to
FEES
Probate, Letters, Etc ..........
Short Certificates( ) ..........
R~,~,W~ ~.'V.~.. ~..
TOTAL
m~a ~:.~:. g~,3.
Register of Wid d ' 0 ~4~
Jerry A. Weigle, Esquire #01624
ATTORNEY(Sup. Ct.I.D. No.)
WEIGLE & ASSOCIATES, P.C.
126 East King Street
ADDRESS
Shippensburg, PA 17257
717-532-7388
PHONE
LAST WiLL AND TESTAMENT
I, KARL W. ROTZ, of 1003 Newburg Road, Shippensburg, Southampton Township,
Pennsylvania, being of sound mind, memory and disposition, do hereby make, publish
and declare this my Last Will and Testament, hereby revoking and making void all
wills by me at any time heretofore made.
FIRST. I order and direct the payment of all my just debts and funeral expenses as
soon as may be convenient after my decease.
SECOND. I give, devise and bequeath all my estate, real, personal and mixed,
whatsoever and wheresoever situate, to my beloved wife, PAULINE M. ROTZ, absolutely.
THIRD. In the event my said wife should predecease me or is not living on the
sixtieth (60th) day following my death, I then give, devise and bequeath my said
estate to my children and grandchildren, on a per stirpes distribution basis, as
follows:
A.
B.
C.
ONE SHARE to my son, LARRY E. ROTZ, on a per stirpes basis.
ONE SHARE to my daughter, BRENDA K. ROTZ, on a per stirpes basis.
ONE SHARE to be divided equally between the children of my deceased son,
TERRY L. ROTZ, as follows:
1. ONE THIRD OF ONE SHARE to my granddaughter, TAWNYA B. ROTZ, on a per
stirpes basis.
2. ONE THIRD OF ONE SHARE to my granddaughter, LERISSA C. ROTZ, on a per
stirpes basis.
3. ONE THIRD OF ONE SHARE to my grandson, MATTHEW K. ROTZ, on a per stirpes
basis.
(SEAL)
MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA. 17257
FOURTH. In the event that any beneficiary of this my Last Will and Testament is
under the age of eighteen (18) years, I then give and bequeath said beneficiary's
share to and appoint as Guardian of any property which passes under this Will or
otherwise, DEBORAH ROTZ, of 150 Middle Spring Road, Shippensburg, Pennsylvania, AS
GUARDIAN, NEVERTHELESS, to invest and re-invest the same until the said beneficiary
reaches the age of eighteen (18) years, with the following powers in addition to
those presently given by law:
The power to expend the income towards the health, support and maintenance,
and education, including a college (both undergraduate and graduate),
trade, business or technical school education, of the said beneficiary;
Be
The power to expend the principal, within the discretion of the said
Guardian, if the income is insufficient, towards the health, support and
maintenance, and education, including a college (both undergraduate and
graduate), trade, business or technical school education, of the said
beneficiary;
Ce
The power to sell any and all real estate, within the discretion of the
said Guardian;
De
The power and obligation to distribute the balance of principal and
interest, if any remaining, when the said beneficiary reaches the age of
eighteen (18) years, without the necessity of a formal adjudication of the
Guardian's account in the Court of Common Pleas of Cumberland County, upon
the receipt of a good and valid release;
The principal of the Guardianship and the income therefrom shall be free
from the debts, liabilities, and engagements of those beneficially
interested therein, and shall not be subject to assignment by him or her,
nor to attachment or execution under any legal, equitable or other process
for the enforcement of judgments or claims of any sort against them, either
individually or collectively;
Fe
In the event the above-mentioned Guardian is unable to accept the
Guardianship, I then name, constitute and appoint BRENDA K. ROTZ, of
Chambersburg, Franklin County, Pennsylvania, as Guardian, with the same
powers hereinbefore stated.
FIFTH. I nominate, constitute and appoint my wife, PAULINE M. ROTZ, to be the
- 2 -
MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA. 17257
Executrix of this my Last Will and Testament; if she be unable to fulfill the duties
of Executrix, I then nominate, constitute and appoint LARRY E. ROTZ and BRENDA K.
ROTZ, or the survivor thereof, to be the Executors of this my Last Will and
Testament.
SIXTH. I direct that my personal representatives shall not be required to give
bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I, KARL W. ROTZ, have hereunto set my hand and seal to this
my Last Will and Testament, written on three pages, the first two pages signed for
identification only, this~S day of
(SEAL)
This instrument was by the Testator, KARL W. ROTZ, on the date hereof, signed,
published and declared by him to be his Last Will and Testament, in our presence, who
at his request and in his presence and in the presence of each other, we believing
him to be of sound and disposing mind and memory, have hereunto subscribed our names
as witnesses.
- 3 -
MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA. 77257
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
I, KARL W. ROTZ, the Testator whose name is signed to the foregoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; that I signed it willingly; and that I
signed it as my free and voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged
before me by KAR~W. ROTZ, the Testator,
of ', ~,{,~,~ , 995~
NOTARIAL SEAL
mappendxxg, PA Cumbemnd County
My Commleskm Expires July 31, 1968
- 4-
MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA. 17257
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
the witnesses whose names are signed to the foregoing instrument, being duly
qualified according to law, do depose and say that we were present and saw KARL W.
ROTZ, Testator, sign and execute the instrument as his Last Will; that he signed
willingly and that he executed it as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator signed
the will as witnesses; and that to the best of our knowledge the Testator was at the
time eighteen (18) or more years of age and of sound mind and under no constraint or
undue influence.
Sworn or affirmed to and subscribed
before ~me by
¢i~nesses, this ~w~ day'of _
-5 -
MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA. 17257
KARL W. ROTZ
MARK, WEIGLE AND PERKINS
ATTORNEYS AT LAW
I 15 EAST KINg STREET
SHIPPENSBURG, PA.
WEIGLE & ASSOCIATES, P.C. * ATTORNEYS AT LAW
126 EAST KING ST~.EET, SHIPPENSBURG, PA 17257-1397 · TELEPHONE: (717) 532-7388 FAX: (717) 532-6552
IN RE: ESTATE OF KARL W. ROTZ, :
late of the Township of
Southampton, Cumberland
County, Pennsylvania,
deceased
IN TItE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NUMBER 21-03-1046
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a}
Name of Decedent: Karl W. Rotz
Date of Death: December 1, 2003
Will No. 21-03-1046
To the Register:
I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans'
Court Rules was served on or mailed to the following beneficiaries of the above-
captio:ned estate, on December 29, 2003:
Pauline M. Rotz
1003 Newburg Road
Shippensburg, PA 17257
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
NONE.
December 29, 2003
Signature
Name:
Address:
Telephone:
Capacity:
Jerry A. Weigle, Es
Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257
(717) 532-7388
Personal Representative
X Counsel for Personal
Representative
WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW --126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
X
OFFICIAL USE ONLY
FILE NUMBER
2 1 - 0 3 1046
R ES I D E N T D E C E D E N T cou cooE .u BE,
DECEDENT'S NAME (LAST. FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
Rotz, Karl W. 194 - 26 - 6821
D~EOFD~TH(MM-DD-YEAR) D~EOFBI~H(MM-DD-Y~R)
12-01-2003 10-22-1934
(IF APPLICABLE) SU~IVING SPOUSE'S NME (LAS~ FIRS~ AND MIDDLE INITIAL)
Rotz, Pauline M.
--12. Supplemental Return
--] 4a. Future interest Compromise (,~ate of death a~t~r 12-12-82}
E~7. Decedent Maintained a Living Trust (^ttach copy of Tmst)
E]10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-g5)
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
E~ 3. Remainde..r Return (data of death p~'to 12-13-82)
~'-~ 5. Tax Return Required
Federal
Estate
8. Total Number of Safe Deposit Boxes
"--]11. Election to tax under Sec. 9113(A) (~=Sch O)
~-~1, Odginal Return
r--] 4, Limited Estate
r--~ 6. Decedent Died Testate (A~ch copy of WiW)
---]9. Litigation Proceeds Received
NAME
Jerry A. Weigle, Esquire
FIRM NAME 0fA~p,caUe)WEiGLE &ASSOCIATES, P.C.
COMPLETE MAILING ADDRESS
126 East ~±~
Sh±~pe~sSur§,
TELEPHONE NUMBER
717-532-7388
5,581.80
(8)
(11)
(12)
(13)
13,077.74
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
---]Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (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 tax has not been
made (Schedule J)
Net Value Subject to Tax (Line 12 minus Line 13)
(14)
x .0 .. (15)
14.
15.
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
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 x .0 __ (16)
Street
PA 17257
OFFICIAI~ '~USE ONLY
5,581.80
13,077.74
(7,495.94)
NONE - INSOLVENT
17. Amount of Line 14 taxable at sibling rate x .12 (17)
18. Amount of Line 14 taxable at collateral rate x .15 (18)
19. Tax Due (19)
20. ~]
Deced~nt's Complete Address:
STREET ADDRESS
1003 Newburg Road
Cl~Y
Shippensburg
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
Interest/Penalty if applicable
D. Interest
E. Penalty
STATE
PA
(1)
Total Credits ( A +. B + C ) (2)
Total Interest/Penalty ( D + E ) (3)
If Line 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 (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(5)
(5A)
(5B)
A. Enter the interest on the tax due.
ZiP
17257
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
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 right 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 security 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.
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete.
Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGN, A~URE OF PERSON RESPONSIBLE FOR..FJt, ING RETURN DATE
ADDRESS
1003 Newburg Road, Shippensburg, PA' 17257
Pauline M.
SIGNATURE OF PREPARER OTHER THAN REPR[
IVE DATE
Jerry A. Weigle, Esquire Z--lO,-Oq
126 East King Street~ Shippensburg~ PA 17257
For dates of death on or after July 1, 1994 and ~ 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 after 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 retum are still applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate 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)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or adoption.
RE¥-1508 EX+
COMMONWEALTH OF PENNSYLVANIA
INFIERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDUL'E E
CASH, BANK DEPOSITS AND
MISCELLANEOUS
PERSONAL PROPERTY
Please Print or Type
FILE NUMBER
Karl W. Rotz
(All property jointly-owned with the Right of Survivorship must be disclosed on Schedule F)
21-03-1046
iTEM
NUMBER
me
DESCRIPTION
M & T Passbook Savings Account #1217357
Accrued interest to date of death
State Employees' Retirement System - death benefit
TOTAL (Also enter on line 5, Recapitulation) S
VALUE AT
DATE OF DEATH
5,558.88
2.84
20.08
5,581.80
(Attach additional 8~" x 11" sheets if more space is needed.}
REV-1511 EX+ J7-88J
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES
Please Print or Type
ESTATE OF
ITEM
NUMBER
Be
Bo
C.
1.
2.
3.
4.
5.
6.
7.
8.
Karl W. Rotz
DESCRIPTION
JFILE NUMBER
21-03-1046
FuneralExpenses:
Fogelsanger-Bricker Funeral Home
Cleversburg United Methodist Church - funeral reception
Parklawns Memorial Gardens
Administrative Costs:
Personal Representative Commissions
Social Security Number of Personal Representative:
Year Commissions paid
Attor,ey Fees Weigle & Associates, P.C.
Spouse
Family Exemption
Claimant Pauline M. Rotz Relationship
Address of Claimant at decedent's death
Street Address 1003 Newburg Road
City Shippensburg State PA Zip Code 17257
Register of Wills, Cumberland County - Letters
Letters Testamentary
Testamentary
- filing Insolvent PA
Probate Fees
Testamentary and Short Certificates
Miscellaneous Expenses:
Cumberland Law Journal - advertising
News Chronicle - advertising Letters
Register of Wills, Cumberland County
Inheritance Tax Return
AMOUNT
7,495.80
541.19
1,060.00
250.00
3,500.00
53.00
75.00
92.75
10.00
TOTAL (Also enter on line 9, Recapitulation) $ 13,077.74
(If more space is needed, insert additional sheets of same size.)
REV-1513 EX+ (2-87) ~
COMMONWEALTH OF PIt:NNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF FILE NUMBER
Karl W. Rotz 21-03-1046
ITEM AMOUNT OR
NUMBER NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP SHARE OF ESTATE
A. Taxable Bequests:
1. Not relevant as estate is insolvent.
ITEM AMOUNT OR
NUMBER NAME AND ADDRESS OF BENEFICIARY SHARE OF ESTATE
B. Charitable and Governmental Bequests:
TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (Also enter on line 13, Recapitulation) ' $
(If more space is needed, insert additional sheets of same size)
499 Mitchell Road, Millsboro, DE 19966 Mail Code DE-MB-12
,JAN 2 0 200
Phone (888) 5024349
F ax (302) 934-2955
January 16, 2004
Weigle & Associates, P.C.
Attorneys At Law
126 East King Street
Shippensburg, PA 17257-1397
Re: Estate of Karl W Rotz
Social Security: 194-26-6821
Date of Death: December 1, 2003
Dear Sir or Madam:
Per your inquiry dated December 28, 2003, please be advised that at the time of death, the above-named decedent had on
deposit with this bank the following:
1. Type of Account Checking Account
Account Number 97480088
Ownership (Names
Karl W Rotz
Pauline M Rotz
Opening Date 01/28/80
Balance on Date of Death
$1,887. 72
Accrued Interest $ 0.00
2. Type of Account Sm,ings Account
Account Number
21000001217357
O,vnership (Names
Karl W Rot-.
Opening Date 03/28/83
Balance on Date of Death
$5,558.88
Accrued Interest $ 2.84
Total
For further account information, closures and/or reimbursement of fimds please call the King Street Office at #717-532-4132.
Please be advised, there ~vas no safe deposit box found for the above decedent.
Records Management
LAST WiLL AND TESTAMENT
I, KARL W. ROTZ, of 1003 Newburg Road, Shippensburg, Southampton Township,
Pennsylvania, being of sound mind, memory and disposition, do hereby make, publish
and declare this my Last Will and Testament, hereby revoking and making void all
wills by me at any time heretofore made.
FIRST. I order and direct the payment of all my just debts and funeral expenses as
soon as may be convenient after my decease.
SECOND. I give, devise and bequeath all my estate, real, personal and mixed,
whatsoever and wheresoever situate, to my beloved wife, PAULINE M. ROTZ, absolutely.
THIRD. In the event my said wife should predecease me or is not living on the
sixtieth (60th) day following my death, I then give, devise and bequeath my said
estate to my children and grandchildren, on a per stirpes distribution basis, as
follows:
A.
B.
C.
ONE SHARE to my son, LARRY E. ROTZ, on a per stirpes basis.
ONE SHARE to my daughter, BRENDA K. ROTZ, on a per stirpes basis.
ONE SHARE to be divided equally between the children of my deceased son,
TERRY L. ROTZ, as follows:
1. ONE THIRD OF ONE SHARE to my granddaughter, TAWNYA B. ROTZ, on a per
stirpes basis.
2. ONE THIRD OF ONE SHARE to my granddaughter, LERISSA C. ROTZ, on a per
stirpes basis.
3. ONE THIRD OF ONE SHARE to my grandson, MATTHEW K. ROTZ, on a per stirpes
basis.
(SE~)
MARK, WEIGLE AND PERKINS --ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA. 17257
FOURTH. In the event that any beneficiary of this my Last Will and Testament is
under the age of eighteen (18) years, I then give and bequeath said beneficiary's
share to and appoint as Guardian of any property which passes under this Will or
otherwise, DEBORAH ROTZ, of 150 Middle Spring Road, Shippensburg, Pennsylvania, AS
GUARDIAN, NEVERTHELESS, to invest and re-invest the same until the said beneficiary
reaches the age of eighteen (18) years, with the following powers in addition to
those presently given by law:
me
The power to expend the income towards the health, support and maintenance,
and education, including a college (both undergraduate and graduate),
trade, business or technical school education, of the said beneficiarY;
Be
The power to expend the principal, within the discretion of the said
Guardian, if the income is insufficient, towards the health, support and
maintenance, and education, including a college (both~ undergraduate and
graduate), trade, business or technical school education, of the said
beneficiary;
Ce
The power to sell any and all real estate, within the discretion of the
said Guardian;
De
The power and obligation to distribute the balance of principal and
interest, if any remaining, when the said beneficiary reaches the age of
eighteen (18) years, without the necessity of a formal adjudication of the
Guardian's account in the Court of Common Pleas of Cumberland County, upon
the receipt of a good and valid release;
gj
The principal of the Guardianship and the income therefrom shall be free
from the debts, liabilities, and engagements of those beneficially
interested therein, and shall not be subject to assignment by him or her,
nor to attachment or execution under any legal, equitable or other process
for the enforcement of judgments or claims of any sort against them, either
individually or collectively;
Fe
In the event the above-mentioned Guardian is unable to accept the
Guardianship, I then name, constitute and appoint BRENDA K. ROTZ, of
Chambersburg, Franklin County, Pennsylvania, as Guardian, with the same
powers hereinbefore stated.
FIFTH. I nominate, constitute and appoint my wife, PAULINE M. ROTZ, to be the
- 2 -
MARK, WEIGLE AND PERKINS --ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA. 17257
Executrix of this my Last Will and Testament; if she be unable to fulfill the duties
of Executrix, I then nominate, constitute and appoint LARRY E. ROTZ and BRENDA K.
ROTZ, or the survivor thereof, to be the Executors of this my Last Will and
Testament.
SIXTH. I direct that my personal representatives shall not be required to give
bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I, KARL W. ROTZ, have hereunto set my hand and seal to this
my Last Will and Testament, written on three pages, the first two pages signed for
identification only, this~ day of
(SgAn)
This instrument was by the Testator, KARL W. ROTZ, on the date hereof, signed,
published and declared by him to be his Last Will and Testament, in our presence, who
at his request and in his presence and in the presence of each other, we believing
him to be of sound and disposing mind and memory, have hereunto subscribed our names
as witnesses.
- 3 -
MARK, WEIGLE AND PERKINS --ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA. 17257
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
I, KARL W. ROTZ, the Testator whose name is signed to the foregoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; that I signed it willingly; and that I
signed it as my free and voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged
before me by KAR~W. ROTZ, the Testator,
this ~.~ay of~~~ , 7995. ~
fh-- \7 I II
-4-
MARK, WEIGLE AND PERKINS --ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA. 17257
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
the witnesses whose names are signed to the foregoing 'instrument, being duly
qualified according to law, do depose and say that we were present and saw KARL W.
ROTZ, Testator, sign and execute the instrument as his Last Will; that he signed
willingly and that he executed it as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator signed
the will as witnesses; and that to the best of our knowledge the Testator was at the
time eighteen (18) or more years of age and of sound mind and under no constraint or
undue influence.
Sworn or affirmed to and subscribed
before .me by
i :.esses,
-5-
MARK, WEIGLE AND PERKINS --ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA. 17257
REGISTER OF WILLS, CUMBERLAND COUNTY
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Karl W. Rotz
Date of Death: 12/01/2003
Will No.
21-03-1046
Admin. No.
Pursuant to Rule 6.12 of the Supreme Court Orphans'
Court Rules, I report the following with respect to completion of
the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes x No__ Insolvent PA Inheritance Tax Return was filed
and approved.
2. If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final
account with the Court? Yes No X
b. The separate Orphans' Court No. (if any) for
the personal representative's account is:
c. Did the personal representative state an
account informally to the parties in interest? Yes X No
d. Copies of receipts, releases, joinders and
approvals of formal or informal accounts may be filed with the
Cerk of the Orphans' Court and may b:ttached to this ~ ~o~t.
Jerry A. We~gle, Esquire
Name (Please type or prznt)
WEIGLE & ASSOCIATES,~P.C.
126 East King Street
Address
Shippensburg, PA 17257
(717) 532-7388
Tel. No.
Capacity:
Personal Representative
(MAH: tm f/AM3)
X
Counsel for personal
representative
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 180601
HARRISBURG, PA 17118-0601
COMNONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOT/CE OF INHERITANCE TAX
APPRAZSEHENT, ALLO#ANCE OR DISALLO#ANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REV-15~7 EX AFP (01-03)
KARL W
· ~ APR 14 Ag:E;I
JERRY A WEIGLE ESQ
WEIGLE & ASSOCS
126 E KING ST C.?~
SHIPPENSBURG [~T~7257
DATE Oq-12-200q
ESTATE OF ROTZ
DATE OF DEATH 11-01-2005
FILE NUMBER 21 05-10q6
COUNTY CUMBERLAND
ACN 101
f Amount Remitted
CUT ALONG THIS LINE
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17015
RETAIN LOWER PORTION FOR YOUR RECORDS ~
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF ROTZ KARL W FILE NO. 21 05-10q6 ACN 101 DATE Oq-12-ZOOq
TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C) (3)
q. Mortgages/Notes Receivable (Schedule D) (q)
S. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expanses/Adm. Costs/Misc. Expanses (Schedule H) (9)
10. Debts/Mortgage Liabilities/Liens (Schedule [) (10)
11. Total Deductions
12. Net Value of Tax Return
5z581
.80
O0
O0 NOTE: To insure proper
O0 credit to your account,
O0 submit the upper portion
00 of this form with your
tax payment.
O0
13,077.7q
(a) 5,581.80
.00
(11) 13.077.7q
(lZ) 7,q95.9q-
13.
lq.
NOTE:
ASSESSNENT OF TAX:
15. Amount of Line lq at Spousal rata
16. Amount of Line lq taxable at Lineal/Class A rata
17. Amount of Line lq at Sibling rata
18. Amount of Line lq taxable at Collateral/Class B rata
19. Principal Tax Due
TAX CREDITS:
PAYMENT RECEIPT DISCOUNT (+)
DATE NUMBER INTEREST/PEN PAID (-)
Charitable/governmental Bequests; Non-elected 9115 Trusts (Schedule J) (15)
Nat Value of Estate Subject to Tax (iq)
If an assessment was issued previous/y, lines 14, 15 and/er 16, 17,
.O0
7,q95.9q-
18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
(15) .00 x O0 = .00
(16) .00 x Oq5 = .00
(17) . O0 x 12 : . O0
(18) .00 x 15 : .00
(19)= . O0
AMOUNT PA/D
IF PAID AFTER DATE /NDZCATED, SEE REVERSE
FOR CALCULATION OF ADD/TZONAL INTEREST.
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
.00
.00
.00
.00
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR)) YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION:
PURPOSE OF
NOTICE:
PAYNENT:
REFUND (CR):
OBJECTIONS:
ADNZN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
Estates of decadents dying on or before December 12, 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
et the lawful Class B (collateral) rate on any such futura interest.
To fulfill the requirements of Section Il40 of the Inheritance and Estate Tax Act, Act 25 of ZOO0. (7Z P.S.
Section 9140).
Detach the top portion of this Notice and submit with your payment to the Register of Nills printed on the reverse side.
--Hake check or money order payable to: REGISTER OF NILES, AGENT
A refund of a tax credit, which wes 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 at the Office
of the Register of Nills, any of the Z3 Revenue District Offices, or by calling the special Z4-hour
answering service for forms ordering: 1-800-36Z-ZOSO~ services for taxpayers with special hearing and / or
speaking needs: 1-800-447-30Z0 (TT only).
Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, ar assessment
of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. 181011, Harrisburg, PA 17118-1021, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--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 Review Unit, Dept. IH0601, Harrisburg, PA 171Z8-0601
Phone (717) 787-6505. See page 5 of the booklet "Instructions far 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 decedent's death, a five percent (SI) discount of
the tax paid is allowed.
The 15Z tax amnesty non-participation penalty is computed on the total of th* 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 es you would appeal the tax end interest
that has been assessed as 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 date of payment. Taxes which became delinquent before January 1, 198Z 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 1, 19AZ 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 198Z through ZOO4 are:
Interest Daily Interest Daily
Year Rate Factor Year Rate Factor
~ ZOZ .000548 ~'~- 1991 111 .000301
1983 161 .000438 1992 97, .000147
1984 111 .000301 1993-1994 71 .000191
1985 131 .000356 1995-1998 9Z .000147
1986 101 .000174 1999 71 .000191
1987 IDZ .000174 ZOO0 71 .000191
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAZD
Interest Daily
Year Rate Factor
~ 9Z .000247
2002 6Z .000164
Z003 5Z .000137
2004 4Z .000110
X NUNBER OF DAYS DELINOUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculatlon to fifteen (15) days
beyond tho date of the assessment. If payment is made after the interest computation date shown on the
Notice, additional interest must be calculated.