HomeMy WebLinkAbout03-1055PETITION FOR PROBATE and GRANT OF LETTERS
Estate of ~ c~d¢~ ~, c! ~, Co v ~ ~ 'q No.
also known as To:
· Deceased.
Social Security No..~.~ (~-- ~7 q - c~ ~ ~ !
Register of Wills for the
County of
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the e~cut
in the last wilt of the above decedent, dated '~C_, I'.,%
and codicil(s) dated
in the
named
, 19_~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
death in C.o~ ~,-Io~d County, Pennsylvania, w~h
Decendent
domiciled
was
at
last family or principal residence at ~5'Z~ Co,./~'g/~ ~d~, i ~.o~p ~;1} )~'~. .
(list street, number and muncipality)
Dece. ndent~then .__~__ years.of age, died ~L.~o ~, Zf~ , ~-9 7t00_-2~ ,
Except as follOWs, decedent did not mar~y, w~s not divorc'~tda~d did' not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron.
Sworn to or affirmed and subscribed
..bpf<?re me this /~7'/'/ day of
/~-/~-//
OATH OF' PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY OF
The petitioner(~ above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct ~o the bes't 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.
Estate Of £mu~-a T 0.,_,~ , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated (YS~,c_¼ m_~,; I~o, .d
described therein be admitted to probate and filed of record as the last will of
and Letters [~w-~ rn ~ ~D-~,f
are hereby granted to /~mr~ ~ L'.t ~a si~.5
~ oJ, oo$, in consideration of the petition on
FEES
Probate, Letters, Etc ..........
Short Certificates( ) ..........
~a~ o n ................
TOTAL
Fil ...,q..~..,,...~.~.ff
ATTORNEY (Sup. Ct. I.D. No.)
ADDRESS
PHONE
LAST WILL AND TESTAMENT
OF
EDWARD I. CURNES
I, EDWARD I. CURNES, of Camp Hill, County of Cumberland and
Commonwealth of Pennsylvania, being of sound and disposing mind and
memory, and not acting under undue influence of any person
whomsoever, do make, publish and declare this instrument to be my
Last Will and Testament, in manner and form following:
FIRST: I hereby expressly revoke all Wills, Codicils and
testamentary writings of whatsoever kind and nature heretofore made
by me.
SECOND: I hereby direct my Executrix, or her successor,
hereinafter named, to pay all my just debts, expenses of
administration and funeral expenses out of my estate as soon as is
practicable after my decease.
THIRD: Ail the rest, residue and remainder of my property,
real, personal and mixed, of which I may die seized or possessed,
or over which I may have the power of testamentary disposition of
whatsoever kind and wheresoever situate, I give, devise and
bequeath unto my wife, ANNA CURNES.
FOURTH: Should my wife, ANNA CURNES, predecease me, or should
we die at the same time as a result of the same accident or
disaster, or during a joint last illness, or under circumstances
that are such that the order of our deaths cannot be ascertained
with reasonable certainty, then and in any of such events, I hereby
direct that my residuary estate be distributed to my daughter and
her husband, JO ANN HENRY and EARL M. HENRY, who presently reside
at 1505 Grandview Road, Mechanicsburg, Pennsylvania 17055, jointly
or to the survivor thereof, in the event either my daughter or her
husband shall predecease me.
In the event, however, that both my daughter and her husband
shall predecease me, or should die simultaneously with me, I direct
that my residuary estate be distributed to the TRUSTEES OF THE
SHIREMANSTOWNUNITED METHODIST CHURCH, Shiremanstown, Pennsylvania,
In Trust, Nevertheless, to be invested and reinvested and the
interest and principal thereof shall be used, in the judgment of
said Trustees, for benevolent purposes only.
FIFTH: I direct that all estate, inheritance, transfer,
legacy or succession taxes, or death duties, which may be assessed
or imposed of, wheresoever situate, whether or not passing under
this my Last Will and Testament, including the taxable value of all
policies of insurance on my life and all transfers, powers, rights
or interests includible in my estate for the purpose of such taxes
and duties, shall be paid out of my general estate as an expense of
administration, and without apportionment, and shall not be
prorated or charged against any of the gifts in this Will or
against any property not passing under this Will. In the absolute
discretion of my Executrix, hereinafter named, she may pay such
taxes immediately or may postpone the payment of the taxes on
future or remainder interests until the time possession accrues to
the beneficiary or beneficiaries named herein. My Executrix may,
in her discretion, arrange for extension of time for the payment of
said estate and inheritance taxes, and any interest and/or penalty
incurred on any such taxes, whether or not resulting from such
extensions or postponements, shall be borne by my estate as an
expense of administration.
SIXTH: The rights, titles, benefits, interests and estates of
any beneficiary hereunder shall not be subject to the rights or
claims of his or her creditors nor subject nor liable to any
process of law or court, and all of the income, principal or other
benefits from or under any trust herein created, shall be payable,
and deliverable only, wholly, exclusively and personally to the
designated beneficiaries hereunder at the time the designated
beneficiaries are entitled to take the same under the terms of this
instrument.
SEVENTH: I hereby direct that my Executrix, or her successor,
shall not be required to give bond or other security required by
law or otherwise, for the faithful performance of their duties,
whether as Executrix or as successor Executor.
EIGHTH: I hereby give unto my Executrix, or her successor,
hereinafter named, the fullest power and authority in all matters
or questions pertaining to the administration of my estate,
executing the provisions of this my Last Will and Testament,
including, but not by way of limitation, the power and authority to
determine all doubtful questions which may arise in the
construction of this my Last Will and Testament; I further hereby
authorize and empower my Executrix, or her successor, pending
settlement of my estate, to sell, convey, mortgage, lease,
exchange, encumber or otherwise dispose of any and all of the prop-
erty, real, personal or mixed at any time belonging to my estate,
either at public or private sale, without prior approval of any
court, and at such times and for such price or prices and in any
such case upon such terms as she may think best in her discretion,
and I authorize and empower my said Executrix to execute,
acknowledge and deliver to the purchasers, grantees, mortgagees,
vendees, assignees or other persons, such contracts, deeds, mort-
gages, bills of sale, and all other instruments of writing neces-
-2-
sary or proper without obligation upon the latter to see to the
proper application of the proceeds. She shall also have the power
to compromise or otherwise settle or adjust any and all claims,
charges, debts and demands whatsoever against, or in favor of my
estate as fully as I could do if living. She shall further be
empowered to carry on and conduct any business enterprise which I
may be engaged in at my death, to retain any assets, including
stocks or securities which I may own at the time of my death,
pending settlement of my estate, without regard as to whether or
not such assets or securities are legal investments for fiduciar-
ies. Pending settlement of my estate, she shall also have the
authority in her discretion to convert, sell, exchange or dispose
of such assets and securities either for cash or for terms
satisfactory to her and to acquire other assets without limitation
to securities or investments as may be declared legal for
investment of trust funds. She shall further be empowered to
borrow money, and to pledge assets of my estate as security
therefor, for the purpose of paying taxes which may be levied upon
or payable by my estate in accordance with this Will and in the
event that funds in the hands of my Executrix, or her successor,
shall be insufficient to pay such taxes, and if, in the opinion of
my Executrix, or her successor, it appears that conversion of
securities and other assets, real and personal, would then be made
at a sacrifice.
NINTH: I hereby nominate, constitute and appoint my wife,
ANNA CURNES, to be Executrix of this my Last Will and Testament.
In the event the said ANNA CURNES renounces this office, refuses
this appointment, predeceases me, or for any other reason is unable
to serve, then and in that event, I do hereby nominate, constitute
and appoint my daughter and her husband, JO ANN HENRY and EARL M.
HENRY, or the survivor thereof, as the successor Executors of this
my Last Will and Testament and to have all the rights, privileges
and duties conferred and created by reason of said appointment.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
20th day of March, 1994.
' E~ward I. curnes
NOTARIAl_ SEAL
SARAH E. APPLEBY. Notary Public
My Commission Expires Dec. 13. 1994
Harrisburg,. PA Dauphin County
(SEAL)
-3-
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHIN )
We, EDWARD I. CURNES, William D. Boswell and
Patricia A. Reber , the Testator and the witnesses,
respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the
instrument as his Last Will and Testament and that he signed
willingly (or willingly directed another to sign for him), and that
he executed it as his free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence
and hearing of the Testator, signed the Will as witness and to the
best of our knowledge the Testator was at that time 18 years of age
or older, of sound mind, and under no constraint or undue
influence.
- ~Ed~rd I. ~rnes
, IF~tnes~
Subscribed, sworn to, and acknowledged before me by EDWARD I.
CURNES, the Testator and subscribed and sworn to before me by
William D. Boswell and Patricia A. Reber ,
witnesses, this 20th day of March , 1994.
Notary I~ubl i c d
My commission expires: 12/13/94
~.r ~_ NOTARIAL
I ,.SAR_AH E. APPLEBY."~!'o't~ry Public /
I MX Co.m,mi~sion Expires D~c, 15. ]994-
~bur&, PA Daup~/n County
1
OF
EDWARD I. CURNES
BOSWELL, SNYDER, TINTNER & PICCOLA
COUNSELORS AT LAW
315 NORTH FRONT STREET
P.O. BOX 741
HAILILLSBUP. G, PA 17108-0741
Name of Decedent:
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Date of Death:
Will No. ~ /
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 :
Name Address
/-Tcr//
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Signature
Name
Address
Telephone ( )
Capacity: __
Personal Representative
Counsel for personal representative
STATUS REPORT UNDER RULE 6.12
Name of Decedent: Edward I. Curnes
Date of Death: November 26, 2003
Will No. 21-03-1055
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:
State whether administration of the estate is complete:
Yes xx No
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 XX
b. The separate Orphans' Court No. (if any) for
the personal representative's account is:
c. Did the personal representative state an
acccunt 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 be attached to this report.
Da t e ': '~
Hipp, Esquire
Name (Please type or print)
One West Main St.
Shiremanstown, PA 17011
Address
~717) 737-8761
Tel. No.
Capacity:
~Personal Representative
{ MAH: rm f/AM3 )
x
__Counsel for personal
representative
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENTOFREVENUE
DEPT. ZS0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
FILE NUMBER
21-03-1055
SOCIAL SECURITY NUMBER
236-24-7461
DECEDENT'S NAME (LAST, FIRST, AND MIDDLE iNITiAL)
Curnes Edward I.
DATE OF DEATH (MM-DD-YEAR) DATE OF BI RTH (MM-DD-YEAR) THiS RETURN MUST BE FILED iN DUPLICATE WiTH THE
11/26/2003 02/02/1922 REGISTER OF WILLS
(~F APPLICABLE) SU RVIVI NG SPOUSE'S NAME (LAST FI RET. AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
Curnes, Anna 178-16-6574
4. Limited Estate . Future[nterestCompromise~dateofdeathafter12 12
6, Decedem Died Testate Decedent Mafntained a Living Trust
(Attach copy of WIll) (Attach copy of Trust)
[] 9. LitigaEonProceeds Received b-J 10. Spousal Poverty
Credit
(date of death betweenlZ 31-91and1 1 95)
NAME
Jennifer B. Hipp Esquire
FI RM NAM E (if App][cab]e)
,',date of death
3. Remainder Return priorto 12 13
5. Federal Estate Tax Return Required
8. Total Number of Safe Deposit Boxes
] 11. Election to tax under Sec. 9113(A)
(Attach Sch O)
COMPLETE MAILING ADDRESS
One West Main Street
Shiremanstown, PA 17011
(1) None
(2) None
(3) Ndde"
TELEPHONENUMBER
7~7/737-8761
OFFICIAL USE ONLY
(8) o", 4,500.00
{11). 0.00
(12) 4,500. O0
(13).
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or
Sole Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
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)
(4) None
4,500.00
None
None
None
None
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
(14) 4,500.00
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
4,500.00
X 0 0
X 0 45
X .12
X .15
(15) 0.00
(16) 0.00
(17) 0.00
(18) 0.00
(19) 0.00
Copyrfght Icl 2000 form software only The Lackner Group, [nc Form REV-1500 EX (Rev. 6 00/
Decedent's Complete Address:
JSTREET ADDRESS
1521 Carlisle Road
Camp Hill
STATE ZIP
PA 17011
Tax Payments and Credits:
1, Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
Total Credits ( A + B + C ) (2)
3. Interest/Penalty if applicable
D, Interest
E. Penalty
Total Interest/Penalty ( D + E ) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Parle I Line 20 to request a refun(t (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (SA)
B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (SD)
Make Check Payable to: REGISTER OF WILLS, AGENT
0.00
0.00
0.00
0.00
0.00
0.00
0.00
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: ..................... [~ J~
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 [ have examined this return, including accompanying schedu]es and statements, and to the best of my knowledge and be]fei, 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.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN Anna Curnes DATE
1521 Carlisle Road
_j/, ,, c- ' ~ .... ..... C~p Hill, PA 17011 " --' 2, * '¢
SiGNATUREOFPREPAREROTHERTHANREPRESENTATIVE Jen~if6~ B, Hipp Esquire DATE
[f~ /. One West Main Street ~ /
' - ................... ~ -7~ -C~
surviving spouse is 3% [72 P.S. 9116 (a) (1.1) (i)].
For dates of death on or after JanuaW 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 statuto~ requirements for discJosure of assets
and filing a tax return are still applicable even if the surviving spouse is the only benefic[aW
For dates of death on or aEer 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 45%, 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.
Copyright (c) ZOO0 form software only T he Lackner Group, inc. Form ~EV-1 ~00 iX (Rev 6 00)
REV 1508 EX + (1-97)
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Edward I. Curnes SS# 236-24-7461 11/26/2003 21-03-1055
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 4,500.00
1993 Honda Accord, VIN 1HCCB7676PA039167, value per attached
appraisal
TOTAL (Also enter on line 5, Recapitulation)
4,500.00
(If more space is needed, insert additional sheets of the same size)
Copyright(c) 1996 formsoftwareonly CPSystems, lnc. Form REV-1508 EX (Rev. 1-97)
Faulkner
TO BESURE
2020 Paxton S~reet
P.O Bcx 2861
Harrisburg, PA !7105
~elephcne: (717) 232-8800 · Fax(T17) 238-6832
www faulkne'-tobesure corn
August 6, 2004
To Whom It May Concern:
The value of a 1993 Honda Accord EX sdn autotrans ~in 1HGCB7676PAt)30167 ~ith
75875 miles as of November ,00_, is $4~00.00.
7 hanl< You
Darr3I Finney
Used Car blanager
REV 1513EX+(9 00)
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESrDENT DECEDENT
ESTATE OF FILE NUMBER
Edward I. Curnes SS¢/ 236-24-7461 11/26/2003 21-03-1055
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
L
II.
TAXABLE DISTRIBUTIONS [indudeoutright spousaldistribut[ons, and
transfers under Sec. 9116(~(1 Z)]
1521 Carlisle Road
Camp Hill, PA 17011
Spouse
Rest, residue
and remainder
ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET
NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $
0.00
(if more space is needed, insert additional sheets of the same size)
Copyright (c) Z000 form software only The Lackner Group, Inc. Form REV-1513 EX (Rev. 9-00)