HomeMy WebLinkAbout02-0378PETITION FOR PROBATE and GRANT OF LETTERS
also known as To:
Deceased.
Social Security No. /7~-/o~--q
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut
in the last wilt of the above decedent, dated ~'r__/3,
and codicil(s) dated
Register of Wills for the .
County of Q~_~'~gerlo~'M_ in the
Commonwealth of Pennsylvania
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in 0 ~f~bE~i'~lO~'h~. , County,~Pennsyl~ania, ,with
h 5-i" last family or nrincinal residence at ~*,ac~,~Sl3o.~a H~:o. IOrP~ Co..~ U~cvl-er'~
dist street, number an'd~muncipality)
D_ef%ndent, tl~en ~__ yea~s of age,~ied , ~,D ~ ,1,, ~ , ,., , ~ c.~ d),~'q
Excel~t' as follows~, decedent did not marry, was not divorced and did not-flare 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 2b~5'J'aax~ &c~4o,~ .
(testamentary; administranon c.t.a.; administration d.b.n.c.t.a.)
theron.
OATH OF PERSONAL REPRESENTATIVE
cot xv or
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 wel~and truly administer the~tate according to law.
before me t
~RIL 2002
Estate Of R~H A DAV~D~O~ , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW APRIL 12, 2002 lX)x , 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 2-15-1996
described therein be admitted to probate and filed of record as the last will of RtY~ A DAVIDSON
and Letters TESTAMEb/gARY
BARBARA ANN TTiV~ON$
are hereby granted to
FEES
Probate, Letters, Etc .......... $ 25.00
Short Certificates( ) .......... $ 3.00
x:4~a~a~h~x. ~xLrO. p.e~g¢~.. $ 12. O0
jcp $ 5. O0
45.00
TOTAL __ $
Filed .4:-.1.2. v.0.2 ...........................
mailed to ~ on 4-12-02
IVl/~y ~2 L~-5.41~,egister of Wills - '
ATTORNEY (Sup. Ct. I.D. No.)
ADDRESS
PHONE
21-02-378
-c
LAST WILL AND TESTAMENT
OF
RUTH Ao DAVIDSON
I, RUTH A. DAVIDSON, of 3 Pine Circle, Newville, West
Pennsboro Township, Cumberland County, 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 any and all Wills, Codicils, or writings in the
nature thereof, by me at any time heretofore made.
FIRST: PAYMENT OF EXPENSES - I direct that all my just debts and
funeral expenses, including my gravemarker and all expenses of my
last illness, shall be paid from my residuary estate as soon as
practicable after my decease as a part of the administration of
my estate.
SECOND: REAL ESTATE - I hereby devise to TONIA L. TIMMONS and
WILLIAM H. TIMMONS each a share of my real estate located in
Lurgan Township, Franklin County, Pennsylvania so that each share
is equal to each of the shares that my other grandchildren own
with respect to said real estate.
THIRD: RESIDUE OF ESTATE - I give, devise and bequeath all the
rest, residue and remainder of my estate, be it real, personal,
or mixed, of whatsoever kind and wheresoever situate, unto my
beloved daughter, BARBARA ANN TIMMONS.
In the event BARBARA ANN TIMMONS fails to survive me, I then
give, devise and bequeath all the rest, residue and remainder of
my estate, be it real, personal, or mixed, of whatsoever kind and
wheresoever situate, unto her children. However, if a child does
not survive me and leaves children who so survive me, such
children shall receive, per stirpes, the share my grandchild
would have received had he or she so survived me.
FOURTH: TRUSTEE OF CHILDREN'S ESTATE - In the event any
beneficiary of this my Last Will and Testament is under the age
of twenty-one (21) years, I then give and bequeath said
beneficiary's distributive share to DAUPHIN DEPOSIT BANK AND
TRUST COMPANY, Shippensburg, PA, AS TRUSTEE, NEVERTHELESS, to
invest and re-invest the same until the said beneficiary reaches
the age of twenty-one (21) years, with the following powers in
addition to those presently given by law:
A. The power to expend the income, within the
discretion of the said Guardian, towards the health,
support and maintenance, and education, including a
college, trade, business or technical school education,
of the said beneficiary;
B. 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, trade,
business or technical school education, of the said
beneficiary;
C. The power to distribute the balance of principal and
income, if any remaining, when the said beneficiary
reaches the age of twenty-one (21) 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;
D. 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;
E. The power to sell at either public or private sales
any and all real or personal property within the said
Guardianship estate, and to give good and valid deeds
for the same.
FIFTH: EXECUTOR - I appoint my daughter, BARBARA ANN TIMMONS,
Executrix of my Will. In the event that BARBARA ANN TIMMONS
predeceases me or is unwilling or unable to serve as Executrix, I
then appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY,
Shippensburg, PA, Executor of my Will. Neither my Executor nor
any successor shall be required to give bond.
SIXTH: PROTECTIVE PROVISION - To the greatest extent permitted
by law, before actual payment to a beneficiary or to his or her
account, no interest in income or principal shall be assignable
by a beneficiary or available to anyone having a claim against a
beneficiary.
IN WITNESS WHEREOF, I hereunto have signed my name to this,
my Last Will and Testament, consisting of four (4) typewritten
pages, this /.9 day of ~"/.~c.{r'~// , 1996.
'R~H A. DAVIDSON, Testatrix
In our presence, the above-named Testatrix signed this and
declared it to be her Will, and now, at her request and in her
presence and in the presence of each other, we sign as witnesses:
STATE OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND :
I, RUTH A. DAVIDSON, having been duly qualified according to
law, acknowledge that I signed the foregoing instrument as my
Will and that I signed it as my free and voluntary act for the
purposes therein expressed.
~TH ~.-bAVIDSON, ~estatrix
We, having been duly qualified according to law, depose and
say that we were present and saw RUTH A. DAVIDSON sign the
foregoing instrument as her Will; that she signed it as her free
as witnesses; and that to the best
the time 18 or more years of age,
constraint or undue influence.
and voluntary act for the purposes therein expressed; that each
of us in her sight and hearing and at her request signed the Will
of our knowledge she was at
of sound mind and under no
Subscribed, sworn to or affirmed,
and acknowledged before me by the
above-named Testatrix and by the
witnesses whose names appear
opposite on this /~*~ day of
~-~.,./),-~,,.~ ,- ,/ , 1996.
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
Z
LU
Z
LU
Z
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
,<
,~EtNT'S NAME (LAST, FIRST, A~D MIDDLE INITIAL/
0"~T~ OF-"DEAT~ (~'M-DD-YE~,R) ' DATE OF BIRTH (MM-gU-YEAR)
(IF ApPLICAbLE) SURVIVING SPOUSE'S NAME (~ST, FIRST, AN~MIDDLE~ITIAL)
~C'Original Return
r~4. Limited Estate
[~6. Decedent Died Testate (Attach copy of Will)
[~9. Litigation Proceeds Received
[~2. Supplemental Return
[-~ 4a. Future Interest Compromise (date of death after 12-12-82)
['~7. Decedent Maintained a Living Trust (Attach copy of Trust)
[~10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95)
FIRM NAME (IfApplicable)
TELEPHONE NUMBER
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
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
13.
OFFICIAL USE ~NL~i~t
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) (14)
(7)
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) x .0 __ (15)
16. Amount of Line 14 taxable at lineal rate x .0 __ (16)
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)
COMPLETE MAILING ADDRESS l1 · /
SOCIAL SECURITY NUMBER
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIALSECURITYNUMBER
[~3. Remainder Return (date of death prior to 12-13-82)
[~5. Federal Estate Tax Return Required
8. Total Number of Safe Deposit Boxes
[~11. Election to tax under Sec. 9113(A) (Attach Sch O)
OFFICIAL I~ ONLY
(13)
FILE NUMBER
COUNTY CODE YEA'~ -- ~UMBER
Decedent's Complete Address:
STREET ADDRESS ~ ~') _ . L. ~-'l
o
Tax Payments and Cr~its:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Pove~ Credit
B. Prior Payments
C. Discount
(1)
Total Credits ( A + B + C ) (2)
(3)
(4)
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty ( D + E )
4. 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
(5)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE,
(5A)
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
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,
Declarati.o,~of preparer other than the personal representative,~ based on all information of which preparer has any knowledge.
SIGNK~dRE OF PERSON RESPONSIBLE FOR FIEING,,,RETURN
'ADDRESS '/- ~ ~_~,~~
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
DATE
DATE
ADDRESS
For dates of death on or after Jdy 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 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 RS. §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 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 RS. §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 RS. §9116(1.2) [72 RS. §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 RS. §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.
~P~V-1508 EX + {1-97) j~~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
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
TOTAL (Also enter on line 5, Recapitulation) $ ~/~,.~, /...~
(If more space is needed, insert additional sheets of the same size)
REV-l~.11 EX+ (12-99) ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
Debts of decedent must be reported on Schedule L
FILE NUMBER
iTEM
NUMBER DESCRIPTION AMOUNT
FUNERAL EXPENSES:
5.
6.
7.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
Street Address
City State __ Zip
Year(s) Commission Paid:
Attorney Fees
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
Relationship of Claimant to Decedent
Probate Fees
Accountant's Fees
Tax Return Preparer's Fees
State__Zip
TOTAL (Also enter on line 9, Recapitulation) $
(If more space is needed, insed additional sheets of the same size)
BUREAU OF INDIVIDUAL TAXES
TNHERTTAHC£ TAX DTVZSTON
DEPT. Z80601
HARRTSBURG, PA 171Z8-0601
COHMON#EALTH OF PENNSYLVANIA
DEPARTHENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLO#ANCE OR DZSALLOHANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REV-1;li? EX AFP (01-02)
BARBARA ANN TIMHONS
175fi$ CUMBERLAND HWY
NEWBURG PA 172q0
DATE 06-17-Z00Z
ESTATE OF DAVIDSON RUTH
DATE OF DEATH Oq-O$-ZOOZ
FILE NUMBER 21 02-0578
OOUN~Y CUMBERLAND
AcH .... -"
Amount Remitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF MILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17015
CUT ALONG THIS LINE I~ RETAIN LONER PORTION FOR YOUR RECORDS ~
REV-1547 EX AFP (01-02) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLONANCE OR
DISALLONANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF DAVTDSON RUTH AFILE NO. 21 02-0578 ACN 101 DATE 06-17-2002
TAX RETURN NAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN DASED ON: ORIGINAL RETURN
1. Reel Estate (Schedule A) (1)
2. Stocks end Bonds (Schedule B) (2)
$. Closely Held Stock/Partnership Interest (Schedule C) ($)
q. Mortgages/Notes Receivable (Schedule D) (1)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5)
6. Jointly Owned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10)
11. Total Deductions
12. Net Value of Tax Return
O0
O0
O0
O0
1~105 15
O0
O0
758.61
759.88
(8)
(11)
(12}
NOTE: To insure proper
credit to your account,
subeit the upper portion
of this form with your
tax payment.
1,105.15
~15.$6-
15.
NOTE:
ASSESSMENT OF TAX:
15. Amount of Line li at Spousal rate
16. Amount of Line lI taxable at Lineal/Class A rate
17. Aeount of Line li et Sibling rate
18. Amount of Line II taxable et Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
PAYHENT RFCE/PT DISCOUNT (+)
DATE NUMBER INTEREST/PEN pAID (-)
Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (15)
Net Value of Estate Sub~ect to Tax (li)
If an assessment Nas issued previously, lines 14, 15 and/er 16, 17,
.00
q15.$6-
18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
(16) .00 x O0 = .00
(16) .00 x Oq5= .00
(17) .00 x 12 = .00
(18) .00 x 15 = .00
(19)= . O0
AMOUNT PAID
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
.00
.00
.00
.00
( ZF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
ZF TOTAL DUE ZS REFLECTED AS A "CREDZT" (CR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
Name of Decedent:
Date of Death:
Will No.
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Admin. No. ff/t~:~ -- t~3 7B
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules
served on or mailed to the following beneficiaries of the above-captioned estate on~tx"~0x /2[. 1~3.t3~ cl~,tbFh was.
Name
Address
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Signature
Name..
ddres
Telephone
Capacity: ~ Personal Representative
Counsel for personal representative
Name of Decedent:
STATUS I~EP0RT UNDER RULE 6.12
Date of Death: (~ F'- d)~ - (~
Will No.: V?Je Ft .=,,°OtgR - cPO~ 78 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:
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
If the answer to No. 1 is Yes, state the following:
a. Did the personal ~resentafive file a final account with the Court'?.
Yes _ No
b. The separate Orphan~' Court No. (if any) for the personal representative's
account is: ~
Did the personal~resentative state an account informally to the parties
in interest? Yes 1451 No ["']
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk of the. O~/~han~' Court
and may be attached to this rep?~, f/ o
'Signature
Name
Date:
Address
Capacity:
Telephone No.
Personal Representative
Counsel for personal representative