HomeMy WebLinkAbout02-0535PETITION FOR PROBATE and GRANT OF LETTERS
Estate of F.mil v F.. Fl anngs~_ No. ~ I ~ ~Z ~5~5
alseac~tewtr- as_ To:
Register of Wills for the
Deceased. County of Cumh 1 an d in the
Social Security No. 1 R4-1 (1- 5 ~ S S Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents thrrTTa~t:
Your petitioner(, who is/afa18 years of age or older~'fhe execut rix named
in the last will of the above decedent, dated October 13 . , 1993
and codicil(s5 dated _ An pn c r ft 1 9 9 7
(state relevant circumstances, e.g. renunciation, death of execumr, etc.)
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
h er last family or principal residence at
C~1 (1akv~nd Avanna TTnnar Allan Tnc h'n
(list street, number and muncipality)
Decendent, then 91 years of age, died T?av 25 . , ]q 2002
at_M ssc ah Vi 11 ao~ IT~nPr Al l ~n '1'nrm~hi n 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:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa:) All personal property $ 40000 0
(If not domiciled in Pa.) Personal property in Pennsylvania $ --
(If not domiciled in Pa.) Personal property in County $ _ _
Value of real estate in Pennsylvania $ 130000
situated as follows: 41 Oakwood Avenue
WHEREFORE, petitioner(~j respectfully request(s) the probate of the last will and codicil(
presented herewith and the grant of letters Testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron. ~/
h 615 C/Ai~iH/~/ (/~~~ V U h 1 C.. {'7~ //Il ~i«7N/V -
av 308 South warthmore Avenue
~.c°--, ~warthmorg PA 190ft1
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 1
COUNTY OF 17AUPl~/N ~ ss
The petitioner(y'j above-named swear(s) ora€ffrst(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(,) and that as personal represen-
tative(~ of the above decedent petitioner(~j' will well and truly administer the estate according to law.
Sworn [o or affir e and subscribed it ~ ~~~c/<-3zi}~
before me this __,_ day of ~ w
`rte -19_2.OIl2 A
i;
Register y
No. ~~- 0~- X35
Estate of FMTTY F FT ANNFRY ,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW JUNE 5, -}9 2002in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) datea ~~' 10-13-1993 & CODICIL: 08-08-1997
described therein be admitted to probate and filed of record as the last will of EMILY E F'IANNERY
and Letters TESTAMENTARY
are hereby granted to JUDITH ANN FLANNII2Y
codicil FEES
Probate, Letters, Etc.........
Short Certificates(1 ~ ........ .
~~ extra, page:
7 ~7?
TOTAL
Filed ....... J?aAe , 6,. 2002,
mailed to atty 6
10.50
$ 375.00
. $ ~o_nn
$~y . o0
_ $ 5.00
_ g 447.50
.... .........
-5-02
Iv]AIjY gister of Willa /
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ATTORNEY (Sup. CL LD. No.)121.542
2303 Market St.._CamA Hi11, PA 17011
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s - re ~ r'~:v r le In`ormatlon here given is correctly copied from an original certificate of deaTh duly filed with me as
I oc d IbLS~itil . I The o Iglnal certifcate will he Corwarded to the State Viral Records Office for permanent ~iling.
~yARNING: It i:: illegal to duplicate this copy by photostat or photograph.
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P
LAST WILL AND TESTAMENT
OF
EMILY E. FLANNERY
Z~-o2- 535
KNOW ALL MEN BY THIS PRESENTS , that I , EMILY E . FLANNERY,
presently residing at 41 Oakwood Avenue, Mechanicsburg,
Cumberland County, Pennsylvania, being in good health and of
sound and disposing memory, do hereby make, declare, and publish
this as my Last Will and Testament, hereby revoking all former
Wills and Codicils heretofore made by me at any time.
PAYMENT OF EXPENSES
I. Pa ent of Expenses: I direct that
named, sh~1 ave t e power, but not the
debts, expenses of my last illness and
estate as soon after my decease as shall
GIFTS
my Executrix, hereinafter
duty, to pay all my just
funeral expenses, from my
be found convenient.
II. Specific Bequests for Grandchildren: The specific bequests
herein provided are in two parts. Part (a) is to complete a
gifting process to my granddaughters, which I had begun during my
life and only relates to those gifts not made during lifetime to
the named beneficiaries and the second set of specific bequests,
part (b), are without regard to any lifetime gifts.
(a) It has been my practice to date for two of my
grandchildren, JULIE and LAURA, upon their graduation from high
school, to provide each with a cash gift of $1,000.00. If, at
the date of my death, my granddaughter, ERICA, has not graduated
from high school or has graduated from high school but has not
received such $1,000.00 cash gift from me (which point shall be
verified solely by my Executrix hereinafter named), then I give
to my granddaughter, ERICA, if she survives me, $1,000.00,
contingent upon her graduation, in order to be consistent with
lifetime gifts made to my granddaughters, JULIE and LAURA. By
way of explanation for certain additional gifts, I affirm that
upon the graduation of my granddaughter, JULIE, from a four-year
college, I provided to her a gift of $2,000.00 in cash. Since at
the time of signing this Wi11, my granddaughters, LAURA and
ERICA, have not completed a four-year college and received a
bachelor's degree for such education, I direct that, if at the
date of my death, LAURA or ERICA has not received their
- 1 -
respective $2,000.00 cash gift for graduation from college (which
point shall be verified solely by my Executrix), LAURA or ERICA
or both as the circumstances require shall, if they survive,
receive said gift from my estate in the amount of $2,000.00 each,
provided that, as to each, she receives a bachelor's degree from
a four-year college before reaching her twenty-fourth birthday,
but failing to do so, she shall not be entitled to this gift.
(b) I give $10,000.00 each to my grandchildren, JULIE, LAURA
and ERICA, provided, however, that the grandchild named survives
me. For any grandchild who has predeceased me, the specific
bequest to that said grandchild shall lapse.
III. Specific Bequests.
A. I hereby give to St. Joseph's Roman Catholic Parish,
Mechanicsburg, Cumberland County, PA (Diocese of Harrisburg) the
sum of $1,000.00 in remembrance of JOHN and EMILY FLANNERY.
B. I hereby give $500.00 to be paid by my Executrix for
Masses to be said in remembrance of the FLANNERY and ELISON
families.
IV. Personal and Household Effects: I bequeath my automobiles,
household and personal of ects and other tangible personalty of
like nature (not including cash or securities) together with any
existing insurance thereon, to such of my children as are living
on the thirty-first day after my death, to be divided among them
in as pearly equal shares as practical. In the absence of
agreement, the division shall be made as my Executrix may think
appropriate.
I direct that the expense of packing, shipping, insuring and
delivering any such property to a beneficiary entitled thereto
shall be paid by my Executrix as an administrative expense of my
Estate.
V. Residuar Estate. I give the rest, residue and remainder of
my Estate, wet er real or personal and whenever situated in
equal shares to my children, per stirpes and not per capita.
VI. Power of A ointment. No provision of this Will shall
exercise any power o appointment I may have.
VII. Adopted Persons: For the purposes of this Will, adopted
persons sha hSe considered children of their adopted parents,
and they and their descendants shall be considered descendants of
their adopted parents, regardless of the date of the adoption.
i--
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~_.'
FIDUCIARIES
VIII. Executrix: I hereby nominate, constitute and appoint my
daughter, JUDITH ANN FLANNERY of 308 South Swarthmore Avenue,
Swarthmore, PA 19081, as Executrix of this, my Last Will and
Testament. In the event that my said daughter shall predecease
me, or be unwilling or unable to act as Executrix, then I
nominate, constitute and appoint Richard E. Connell, Esq. of the
law firm of Ba11, Skelly, Murren ~ Connell, Harrisburg, PA, as
alternate Executor. (Wherever the term "Executrix" is used, it
shall also include the term "Executor" as necessary).
IX. Resignation; Any individual Executrix may resign at any time
without court approval.
X. Bond: No Executrix shall be required to give bond.
ADMINISTRATIVE PROVISIONS
XI. Protective Provisions: To the extent permitted by law, the
interest o ene iciaries in principal or income shall not be
subject to the claims of their creditors and others, nor to legal
process, and shall not be voluntarily or involuntarily alienated
or encumbered, except that nothing in this article shall preclude
the assignment of all or any part of a beneficiary's interest to
his descendants. Further, exceptions may be made if my Executrix
approves.
XII. Mana ement Provisions: My Executrix shall have, in
addition to t e powers an authority conferred upon her by law,
the following additional powers and authority:
A. Sell/Lease: To sell at public or private sale,
exchange, tease, mortgage or pledge any property, real or
personal, at any time, and upon such terms and conditions as
she shall deem wise.
B. Retain/Invest: To retain and to invest in all forms of
real an persona property, including common trust funds,
mutual funds and money market deposit accounts regardless of
any limitations imposed by law on investments by executors,
or any principle of law concerning investment diversifica-
tion.
C. 0 erate a Business: To operate any business activity
in which I ave an interest to the extent I would, if alive.
D. Title to Propertv: To cause any security or other
~..~~~~~
property which may constitute a portion of a Trust to be
issued, held or registered in her own name, or in the name
of a nominee, or in such form that title will pass by
delivery.
E. Capital Changes: To consent to the reorganization,
consolidation, readjustment of the financial structure, or
sale of the assets of any corporation or other organization,
the securities of which constitute a portion of my estate,
and to take any action with reference to such securities
which, in the opinion of the Executrix is necessary to
obtain the benefit of any such reorganization,
consolidation, readjustment or sale; to exercise any
conversion privilege or subscription right given to them as
the owner of any securities constituting a portion of my
Estate; to accept and hold as a portion of my Estate
securities resulting from any reorganization, consolidation,
readjustment, sale, conversion or subscription.
F. Expense of Estate: To pay all costs, taxes,
charges an ex~ -- penses in connection with the administration
of my Estate.
G. Allocate: To determine what is "income" and what is
"principa ereunder, and their decision thereon shall be
final; and to purchase securities at a premium or discount,
and to apply or charge said premium or discount against
income or principal as the Executrix may determine.
H. Borrow: To borrow money from any person, firm or
corporation, for the purpose of protecting and preserving or
improving my Estate hereunder; to execute promissory notes
or other obligations for amounts so borrowed.
TAX PROVISIONS
XIII. Death Taxes: I direct that all transfer and inheritance
taxes, state or Federal assessed because of my death, whether the
funds, property or insurance proceeds to which such taxes are
attributable pass under this Will or not, shall be paid out of my
residuary estate; that my Executrix pay, or provide for payment
of all such taxes at such time, or times, and in such manner as
my Executrix deems best.
XIV. Tax Options: I authorize my Executrix:
Death Taxes: To exercise any options available in
determining and paying death taxes in my estate, and to
allocate my generation-skipping tax exemption;
,. ,
- 4 -
IN WITNESS WHEREOF, I EMILY E. FLANNERY, the Testatrix of
this, my Last Will and Testament, typewritten on 5 sheets of
paper which I have identified at the bottom of each~pjge by my
signature, hereunto set my hand and seal the day of
October, 1993.
/ EMIL ' E. FLA NERY /f=
The preceding instrument consisting of this and 4 other
typewritten pages, each identified by the signature of the
Testatrix, EMILY E. FLANNERY, was on this day and date thereof
signed, published and declared by EMILY E. FLANNERY, the
Testatrix therein named, as and for her Last Will, in the
presence of us who, at her request, in her presence, and in the
presence of each other have subscribed our names as witnesses.
- 5 -
C
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We Marcia M. Connell and Gloria J. Coppersmith ,
and Richard E. Connell the witnesses whose names are
signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that we were
present and saw Testatrix sign and execute the instrument as her
Last Will; that she signed willingly and that she executed it as
her free and voluntary act for the purposes therein expressed;
that each of us in the hearing and sight of the Testatrix signed
the Will as witnesses; and that to the best of our knowledge
Testatrix was at that time eighteen or more years of age, of
sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by
Marcia M. Connell and Gloria J. Coppersmith
and Ric and E. Connell witnesses, this j~ day of
1993.
(SEAL) 1~ ~ ~ ~
otary u is ,
GeC :: ~, FubIIC
i ::: ~ F3
~tyCc i'„ Mils...{
~; ~~~,.~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, EMILY E. FLANNERY, Testatrix whose name is signed to the
attached or 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.
-~_.
~~~~ ~ ~~v~~~
~Y E. FLANNERY ~`
Sworn or affirmed to and acknowledged before me, by EMILY E.
FLANNERY the Testatrix, the /3 ~ day of October, 1993.
(SEAL) /_~ ~.,,. Q (~s ~~ t~
/ otary u Ii2c'~`~` `-
C1u5' ,
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CODICIL TO LAST WILL AND TESTAMENT
OF
EMILY E. FLANNERY
Z~-o2-535
I, EMILY E. FLANNERY, having made my Last Will and
Testament dated October 13, 1993, do hereby make, publish and declare this
to be the sole Codicil to my said Last Will and Testament.
I. I hereby amend Paragraph VIII thereof by deleting the following
"Richard E. Connell, Esq. of the law firm of Ball, Skelly, Murren & Connell,
Harrisburg, PA, as alternate Executor (wherever the term "Executrix" is
used, it shall also include the term "Executor" as necessary)".
And inserting:
my daughters, MARY LOUISE FLANNERY DEMEO and KATHLEEN
FLANNERY PAULSON, as alternate Co-Executors.
II. In all other respects, I ratify, confirm and republish my Last Will
and Testament dated October 13, 1993, together with this sole Codicil as and
for my Last Will and Testament.
IN WITNESS WHEREOF, I, EMILY E. FLANNERY, the Testatrix to
this Codicil to my Last Will and Testament, typewritten on two (2) sheets of
paper which I have identified at the bottom of each pageby my signature,
hereunto set my hand and seal this _~ day of _L~~i% , 1997.
EMILY E. CANNERY (SEAL) ~
The preceding instrument consisting of this and one (1) other
typewritten page, each identified by the signature of the Testatrix, was on
this day and date thereof, signed, published and declared by Testatrix, the
-1-
Testatrix therein named, as and for a Codicil to her Last Will and Testament,
in the presence of us, who at her request, in her presence, and in the presence
of each other have subscribed our names as witnesses.
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..P.te,~ -f~ ~ ~ ~ ~~~
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-2
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
I, EMILY E. FLANNERY, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as a Codicil to my
Last Will and Testament; that I signed it willingly, and that I signed it as my
free and voluntary act for the purposes therein expressed.
EMILY . FLANNERY o
Sworn or affirmed to and acknowledged before me, by
the Testatrix, this day of 19
(SEAL)
Paz ~~1~.• ~ ~ ~.~
Notary Public ~
Notarial Seal
Gloria A. Cuddington, Notary Public
Harrisburg, Dauphin County, PA
My Commiscinn Expires Feb. 14, 1998
.t.~4
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, Heather D. Barron , _Teresa R Mcr~~~h and
Rarh^r^ T nu~Lin ,the witnesses whose names
are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw her sign
and execute the instrument as a Codicil to Last Will and Testament; that she
signed willingly and that she executed it as her free and voluntary act for the
purposes therein expressed; that each of us, in the hearing and sight of the
Testatrix, signed the Codicil to her Last Will and Testament as witnesses;
and that to the best of our knowledge, the Testatrix was at the time eighteen
or more years of age, of sound mind and under no constraint or undue
influence.
~4 ~ ~- ,_
Sworn or affirmed to and subscribed to before me by ~laarhAr i1
Barron Teresa ~R`~M~c Cormack ,and Barbara i Th,rl;
witnesses, this ~S'Z'day of C r7 , 1997.
(SEAL)
n
Notary Public
Notarial Seal
Gloria A. Cuddington, Notary Public
Harrisburg, Dauphin County, PA
My Commission Expires Feb. 14,1998
CERTIFICATION OF NOTICE UNDER RULE 5.6 a
Name of Decedent:
Emily E. Flannery
Date of Death: May 25, 2002
Will No. 2002-00535 Admin. No.
To the Mary C. Lewis,
Register: Register of Wills
Cumberland County
I certify that notice of (beneficial interest) estate administration required by Rule 6.G(a) of the Orphans' Court Rules
was served on or mailed to the following beneficiaries of the above-captioned estate on June 10, 2002
Name
A.
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
D.
Date: June 14, 2002
l
Signature f ~~`-~ __ _.-~~
Name Richard E. Connell Esp
,_ Address 2302 Market Street
Camp Hill PA 17011
•- Telephone (717) 232-8731
Capacity: Personal Representative
Address
X Counsel for personal representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TA%ES
DEPT. 280601
HARRISBURG, PA 1)128-0601
RECEIVED FROM:
REV-1162 EX111-96)
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
N0. CD 001552
RICHARD E CONNELL ESQUIRE
P O BOX 1108
HARRISBURG, PA 17108-1108
-------- ,ulU
ESTATE INFORMATION: ssnt: tsa-to-5255
FILE NUMBER: 2102-0535
DECEDENT NAME: FLANNERY EMILY E
DATE OF PAYMENT: 08/21/2002
POSTMARK DATE: 08/20/2002
couNTY: CUMBERLAND
DATE OF DEATH: 05/25/2002
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
101 ~ $25,650.00
TOTAL AMOUNT PAID:
REMARKS: RICHARD E CONNELL ESQUIRE
CHECK#1013
INITIALS: AC
SEAL RECEIVED BY:
$25,650.00
MARY C. LEWIS
REGISTER OF WILLS
REGISTER OF WILLS
LAW OFFICES
BALL, MURREN & CONNELL
2303 MARKET STREET
CAMP HILL, PENNSYLVANIA j7Qjj
!~ ~ ~
W
PHILIP J. MURREN
(717)232-8731 ~
RICHARD E. CONNELL FACSIMILE (717)232-2142
MAURA K. pU1NLAN ~~
TERESA R. MCCORMACK
THOMAS A. CAPPER MAILING ADDRESS:
P.O. BO% 1100
HARRISBURG, PENNSYLVANLA j7jQ$_j jQ$
VIA HAND DELIVERY
February 24, 2003
Mary C. Lewis
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Estate of Emily E. Flannery
Date of Death: May 25, 2002
PA Estate No. 21-02-0535
County No. 2002-00535
Dear Ms. Lewis:
WILLIAM BENTLEY BALL
(1918- 1999)
Enclosed please find, in duplicate, the Inheritance Tax Return for Emily E.
Flannery, deceased, along with a check payable to the Register of Wills, Agent, in the
amount of $671.27 (check number 1058), representing the balance of tax due as recorded
on the tax payments and credits section of the Inheritance Tax Return (REV-1500 EX).
Attached to the Inheritance Tax Return is a copy of the decedent's Will and Codicil.
Finally, enclosed is a check in the amount of $28 for the filing of the Inheritance
Tax Return and Codicil.
V truly yours,
Richard E. Connell
REC/hmp
Enclosures
COMMONWEALTH OF PENNSYLVANIA
DEPAgTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 1 J 128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO. CD 002206
BALL MURREN & CONNELL
P O BOX 1108
HARRISBURG, PA 17108-1108
loll
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
101 ~ $671.27
TOTAL AMOUNT PAID:
REV-1162 EX171-961
$671.27
REMARKS: JUDITH A FLANNERY
C/0 BALL MURREN & CONNELL
CHECK#1058
INITIALS: SK
SEAL RECEIVED BY:
DONNA M. OTTO
DEPUTY REGISTER OF WILLS
REGISTER OF WILLS
Register of Wills of Cumberland County, Pennsylvania v
INVENTORY
Estate of Flannery, Emily E.
- _. - - No. 21 - 02 - OOS3S
also known as
Date of Death S/2S/2002
Deceased Social Security No. 184-10-S2SS
Judith A. Flannery
The Personal Representative(s) of the above Estate, deceased, verify that the itemsappearing in the following Inventory
include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania
of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the
Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that
which appears in a memorandum at the end of this Inventory. I/We verify that the statements made in this Inventory are true
and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities.
Personal Representative
Attorney: Richard E. Connell Signature ~«,~'lxC ~ --~! ~~~
Judith A
Fl
LD. No.: 2LS42 .
annery
Signature:
Signature:
Address: 2303 Market Street
Camp Hill, PA 1701 ] Address:
308 South Swarthmore Avenue
Swarthmore, PA 19081
Telephone: 7 U/232-8731
- - - Telephone:
Dated:
PersonalProperty
Waypoint Financial Corporation
3275 shares 61,078.75
S/24/02 value $18.71/sh.
S/28/02 value $18.59/sh
Avg. - Date of Death (S/2S) value $18.65/share
Total Personal Property $61,078.75
(Attach additional sheets if necessary) Total Personal Property and Real Estate
$194,355.01
Register of Wills of Cumberland County, Pennsylvania
INVENTORY
continued
Estate of Flannery, Emily E. No. 21 - 0.2 -_ 00535
also known as
Date of Death 5/25/2002
Deceased Social Security No. 184-10-5255
Real Estate
Tax Parcel LD. # 42-25-0030-163 Settlement -September 6, 2002 (HUD-I attached) 133,276.26
Total Real Estate $133,276.26
2
~~ ~~ ~
BUREAU OF INDIVIDUAL TAXES COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TA% BIVISION
DEPT. 28 B6B1
HRRRISBURG, Pp 17128-0681 NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REY-l54) EM RFP (n-n)
DATE 04-14-20D3
ESTATE OF FLANNERY EMILY E
DATE OF DEATH OS-25-2002
FILE NUMBER 21 02-0535
RICHARD E CONNEL .:COUNTY CUMBERLAND
L
BALL ETAL ACN 1D1
2303 MARKET ST Anount Remitted
CAMP HILL PA 17011
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17D13
CUT ALONG THIS LINE---- --- RETAIN LOWER PORTION FOR YOUR RECORDS ~
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF FLANNERY EMILY E FILE NO. 21 02-0535 ACN 101 DATE 04-14-2003
TAX RETURN WAS: (X) ACCEP7E0 AS FILED ( ) CHANGED
AASED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1)_ 133 .276.26 NOTE: To insure proper
2. Stocks and Bonds (Schedule B) (2) 61 .078.75 credit {o your account,
3. Closely Neld Stoek/Partnership Interest [Schedule C) (3) .00 submit the uDPer portion
4. Mortgages/Notes Receivable (Schedule D) (4) .DO of this Porn with your
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 449 .655.66 tax payment.
6. Jointly Owned Property (Schedule F) (b) .DO
7. Transfers (Schedule G) (7) .00
8. Total assets (g) 644,010.67
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (q) 22+817 .75
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 4.775 .79
11. Total Deductions
(11) 97.g9$.S4
12. Net Value of Tax Return (12) 616,417.13
13. Charitable/Governmental Bequests) Nonelected 9113 Trusts (Schedule J) (13) 1,500.00
14. Net Value of Estate Subject to Tax (14) 614,917.13
NOTE: if an assessment was issued previously, lines 14, 15 andior 16, 17, 18 and 19 will
refilect fiigures that include the total of ALL returns assess ed to date.
ASSESSMENT OF TAX:
15. Anount ofi Lina 14 at Spousal rate (15) .00 X 00 _ .00
16. Anount of Line 14 taxable at Lineal/Glass A rata (16) 614,917.13 X 045 - 27,671.27
17. Anount of Line 14 at Sibling rate (17) .00 X 12 = .00
18. Anount of Lina 14 taxable at Collateral/Class B rata (18) .00 X 15 - .00
19. Principal Tax Due (lq)= 27,671.27
TAY f`Q FNTTC.
___ __
DATE
NUMBER +
INTEREST/PEN PAID (-]
AMOUNT PAID
D8-20-2002 CD001552 1,350.00 25
65D
00
02-24-2D03 CD002206 .00 ,
.
671.27
TOTAL TAX CREDIT 27,671.27
BALANCE OF TAX DUE .OD
INTEREST AND PEN. .00
TOTAL DUE .00
^ IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN O1, NO PAYMENT IS REQUIRED.
FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A ••CREDIT•' (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORK FOR INSTRUCTIONS.)
PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF
THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY
UNTIL COMPLETION
~.
l~-
STATUS REPORT UNDER RULE 6.12 ~'`~
Name of Decedent: Emily E. Flannery
Date of Death: May 25, 2002
Will No.: 2002-00535 Admin. No.: 21-02-0535
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
2.
3.
Date
No
If the answer is No, state when the personal representative reasonably believes
that the administn[ion will be complete:
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 Clerk of the Orphans~Cn~~n and may be attached t~o~[~hrs
- report. _ ~~~""
Signature `"'~
3/31 /04
~~
c_
i
(MAH:rmdAM3) i_
v
0
RW.-27
Richard E. Connell, Esquire
Name (Please type or print)
2303 Market Street, Camp Hill, PA 17011
Address
(717) 232-8731
Telephone No.
Capacity: -Personal Representative
_ X Counsel for PersonalRepreseni,~inc
REV. 1600 EX + (1.00)
*'
-0g~
~EV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
I
'\' ~O Original Return DO 2, Supplemental Return DO 3. RemainderReturn(date of-deau,,-prtOr to 1Z:15-82j-
4 limited Estate 4a. Future Interest Compromise (date of death after 5. Federal Estate Tax Return Required
12-12-82)
I ~ 6 Decedent Died Testate (Attach copy D 7 Decedent Maintained a Living Trust (Attach 1 8. Total Number of Safe Deposit Boxes
of Will) copy of Trusl}
. D 9. Litigation Proceeds Received 0 10. Spousal poverty Credit (dale ofdealh between 0 11.Election to tax under Sec. 9113(A) (Attach Sch 0)
t .- '.~~--c~.~c-.--c- .~_12-,1-91,"d1-1-9~cc_~c ~-~--~ ..~-..--~ en .--
'TAH~~',~ECTIQ~t!\llUST,,!!e'C:OIV~J:Ji--ETEL?:,,~LL C.'?J!RES~g~.DEN~~,AND .~,~~E~~~~E~::1~~~~~~~~~~S!:iOUL~w~E Dl~.F~TED_.'!2~.,.
Richard E. Connell
~iRMNAME {if-~ppljCabl;}
Ball, Murren & Connell
COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128_0601
~
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I DECEDENT'S NAME (lAST, FIRST, AND MIDDLE INITIAL)
. Flannery, Emily E.
PS;;' TE'O-FDEAT--i.j" (MM:DD:YEAR:j" COATE 'OF-BIRTH '(MM-OO.YEAR)
'05/25/2002 i 10/24/1910
! (IFAPPLicAB~E)-'SUR-VIViNG-SPOUSE:'SNAME ( lAST, FIRSTANDMlDDlE INITIAL)
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~ELEPHONE NUMBER
, 717/232-8731
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
(Schedule E)
6. Jointly Owned Property (Schedule F)
D Separate Billing Requested
7. Inter-Vivos Transfers & Mlscellaneous 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)
21
02
00535
NUMBER
_ gOUIfl"Y CQQE _'fEAR
SOCIAL SECURITY NUMBER
184-10-5255
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
-- -.---....- ---.....----
SOCIAL SECURITY NUMBER
2303 Market Street
CampHiJI,PA 17011
(1) 133,276.26:
__n _...___
(2) 61,078.75
(3) None
(4) None
(5) 449,655.66
(6) None
(7) None
(8) 644,010.67
(9) 22,817.75
(10) 4,775.79
(11)
27 ,593.54
(12)
616,417.13
(13)
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)
1,500.00
(14)
614,917.13
SEE INSTRUCTIONS ON REVERSE SlOE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax rate, x .00 (15)
or transfers under Sec. 9116(a)(1.2)
z 614,917.13 x .045 (16)
0 16.Amount of Line 14 taxable at lineal rate
"
~
~ (17)
~ 17.Amount of Line 14 taxable at sibling rate x .12
~
0
u
~ 18. Amount of Line 14 taxable at collateral rate x .15 (18)
19. Tax Due (19)
27,671.27
,20. 0
-~.._----'-_..__.~,~.,".~~
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
27,671.27
~~ _~E. ~U~~ETOAN~ER ~L~_~~~S!~<?~~ ON,:~ve~~!?-, SIDE ~~OR~E,~EC~~~TH..~~..
Copyright 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
41 Oakwood Avenue
---
CITY
Mechanicsburg
TSTATE PA
--1---
I ZiP 17055
-- -- -
Tax Payments and Credits:
1, Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
27,671.27
25,650.00
1,350.00
Total Credits (A + B + C)
(2)
27,000.00
3. Interest/Penalty jf applicable
D. Interest
E Penalty
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + SA. This is the BALANCE DUE.
(3) 0.00
(4)
(5) 671.27
(5A)
(58) 671.27
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. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX 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:
8. 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?.
Yes No
~ I
o 181
o 181
o 181
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 pe~ury, I declare that I have examined this retum, including accompany'ng s,~h..dl1i83 and statements, and to the best of my knowledge and belief, It is true, correct
and complete Declaration of
.e.reparElr_~~t_he.r than thel?ersonal rEler~entati~~~base...9...~_allln~().r~t~on oL~~!l::h prep~.r~r h..." ~n\'knowle~~
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN "DDR~bS
Judith A. Flannery
~Cr7
S1~fuRE-oFPERS-ON-REspoNSiBLE F6RFIlING RETUR--
DATE
308 South Swarthmore Avenue
Swarthmore, P A 19081
----- -
~O~~~oiJ 3
DATE
ADDRESS
ADDRESS-
DATE-
2303 Market Street
Camp Hill, PA 17011
.2..
/'1/0.3
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) (ill
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) (H)l, The statute does not exemo\ 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 P .S, S9116 {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. 39116 (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.
.
SCHEDULE A
REAL ESTATE
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Flannery, Emily E.
.-
I FIL.E NUMBER
-.L _21-=-2.2 - 0053s...-
All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price
at which property would be exchanged between a willing buyer and a wilnng seller, neither being compelled to buy or sell, both having
reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on
schedule F.
ITEM
NUMBER
I
DESCRIPTION
VALUE AT DATE OF
DEATH
133,276.26
Tax ParcellD. # 42-25-0030-163 Settlement - September 6, 2002 (HUD-l attached)
TOTAL (Also enteron Line 1, Recapitulation)
133,276.26
ESTATE OF
'*
SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVAN!II.
INHERITANCE TAX RETURN
RESIDENT DECEDENT
-
--.. -----
Flannery, Emily E.
I FILE NUMBER
21 - 02 - 00535
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1
DESCRIPTION
I
1-
UNIT VALUE
[' VALUE AT DATE OF
DEATH
- - -.-...---- ---- .-----
61,078.75
'I' Waypoint Financial Corporation
, 3275 shares
5124/02 value $IS.71Ish.
I 5/28/02 value $] 8.59/sh
Avg. - Date of Death (5/25) value $18.65/share
TOTAL (Also enter on line 2, Recapitulation)
61,078,75
ESTATE OF
*'
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
1.-
FILE NUMBER
2\ - 02 - 00535
Flannery, Emily E.
Include the proceeds of litigation and the date the proceeds were received by Ihe estate. All property jointly-owned with the right of
survivorshIp must be disclosed on schedule F.
ITEM
NUMBER
1
DESCRiPTION
VALUE AT DATE OF
DEATH
88,450.72
Salomon Smith Barney
Accl. Number 724-10068-11 410
Money Funds Cash Port Class A
Date of Death Balance $88,151.60
Accumulated Interest 299.12
2
Waypoint Bank
Checking Account
Account Number 505003594
Date of Death Balance 4,817.53
4,8\7.53
3
Allfirst
Account Number
(checking)
Account Number
(money market)
Date of Death Balance
Accrued Interest
Account Number
(cer!. of deposit)
Date of Death Balance
Accrued Interest
30,999.33
0033369658
0950919117
22,928.94
4.00
80000002845386
5,000.00
6.71
4
Deutshe Bank Alex Brown
Accounty Number 254-02819
86.344.24
5
Brinker Capital
Large Cap Growth 23,318.56
Large Cap Value 24,675.03
Large Cap Core 11,499.54
Small Mid Cap 18,618.5 I
International Equities 16,394.00
Domestic Fixed Income 142,999.95
Cash 1,038.25
238,543.84
6
Household Goods - Personal Effects
500.00
TOTAL (Also enter on Line 5, Recapitulation)
449,655.66
*'
SCHEDUlE H
FUNERAL EXPENSES &
ADMINIS1RATlVE COSTS
J
FILE NUMBER
I 21 - 02 - 00535
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Flannery, Emily E.
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER'
A.- -r FUNERAL EXPENSES:--
I I Malpezzi Funeral Home
Cemetery
Funeral Mass Programs
\ Funeral Luncheon/Reception-Hardings
DESCRIPTION
AMOUNT
2
8883.30
650.00
22.26
923.00
10,479.08
1.
I ADMINISTRATIVE COSTS:
, Personal Representative's Commissions
0.00
B.
Social Security Number(s) I EIN Number of Personal Representative(s):
Street Address
City
Year(s) Commission paid
State
Zip
2.
Attorney's Fees
Ball, Murren & Connell
9,000.00
0.00
3
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
Relationship of Claimanl10 Decedent
State
Zip
4.
Probate Fees Register of Wills - Cumberland County
447.50
5 Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs
I The Sentinel 84.11
2 Cumberland Law Journal 150.00
Total of Continuation Schedule(s)
2,657.06
TOTAL (Also enter on line 9, Recapitulation)
22,817.75
*'
Schedule H
Funeral Expenses &
Administrative Costs continued
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
--.. .-
ESTATE OF
Flannery, Emily E.
3
Upper Allen Township-Sewer - 2nd Quarter
4
Mechanicsburg School District
5
House related expenses-maintenance, upkeep, sale costs
1. Window Cleaning 107.90
2. House cleaning service 65.00
3. Plumbing repairs 182.00
4. Shipley Oil-heating 25l.08
5. Water bills 75.47
6. PPL -electriciity 372.44
7. Cable-final 21.28
8. Lawn carelTree removal 640.00
9. Telephone 134.60
6
Reimbursement to State Retirement System
7
Reimbursement to Ball, Murren & Connell for costs advanced
8
Storage of personal effects, estate papers
9
Register of Wills-Additional short certificates
I mENUMBER
21 - 02 - 00535
Page 2 of Schedule H
105.00
9.80
1,849.77
22l.79
174.65
28l.05
15.00
ESTATE OF
*'
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Flannery, Emily E.
Include unreimbursed medical expenses.
ITEM
NUMBER
I
Messiah Village
Room and Board
Phone charges
SCHEDULE I
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
_1.._
DESCRIPTION
3849.80
24.37
2
Transportation - Doctors appointments
3
Ambulance Transportations
4
Physician bills-unreimbursed
5
Personal caretaker one (I) month
i FILE NUMBER
. 21-02-00535
TOTAL (Also enter on Line 10, Recapitulation)
AMOUNT
3,874.17
19.00
116.55
93.07
673.00
4,775.79
REV.1513 EX+ (9-00)
*'
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
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NUMBER \
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
J
RELATIONSHIP TO
DECEDENT
_--.llD N.o1.List.trustee(a)_
I FILE NUMBER -
L 21 - 02 - 00535
T
AMOUNT OR SHARE
j_ OF ESTATE
ESTATE OF
Flannery, Emily E.
--I
I.
I TAXABLE DISTRIBUTIONS (include outright spousal distributions)
Judith A. Flannery
1308 South Swarthmore Avenue
Swarthmore, P A 19081
2 I Mary Lou Demeo
, 1204 W oodbrook Court
! Reston, VA 20194
I
, daughter
h /3 of residue
I daughter
11/3 of residue
3 I Kathleen Paulson
: 2113 Matthew Lane
I Fredericksburg, V A 22405
4 ,Julie Demeo Tacinelli
15905 Beech Avenue
Bethesda, MD 20817
I
ldaurhter
11/3 of residue
I
. granddaughter
I
I
I
10,000.00
See Continuation Schedule(s) attached
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
II.
NON-TAXABLE DISTRIBUTIONS:
IA. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTiON TO TAX is NOT
BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1 St. Joseph's Roman Catholic Parish
Mechanicsburg, P A - for memorial Masses
1,500.00
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET!
1,500.00
*'
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Flannery, Emily E.
NUMBER I
SCHEDULE J
BENEFICIARIES continued
I.
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
(inciude outright spousal distributions, and transfersunder
Sec. 9116(a)(1 .2)]
5
r AXABLE DISTRIBUTIONS
Laura Demeo Chace
I 6011 C Curtier Drive
Alexandria, VA 22130
6 I Erica E. Paulson
\ 1601 Cedar Hill Road
; Charottesville, VA 22901
I FILE NUMBER
21 - 02 - 00535
RELATIONSHIP TO
I DECEDENT
~~~ot ~5:~Trus~!!(s)
I
granddaughter
I
AMOUNT OR SHARE
OF ESTATE
10,000.00
I granddaughter
10,000.00
Page 2 of Schedule]
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LAST WILL AND TESTAMENT
OF
EMILY E. FLANNERY
KNOW ALL MEN BY THIS PRESENTS, that I, EMILY E. FLANNERY,
presently residing at 41 Oakwood Avenue, Mechanicsburg,
Cumberland County, Pennsylvania, being in good health and of
sound and disposing memory, do hereby make, declare, and publish
this as my Last Will and Testament, hereby revoking all former
Wills and Codicils heretofore made by me at any time.
PAYMENT OF EXPENSES
I. pa~ent of Expenses: I direct that my Executrix, hereinafter
named, s all have the power, but not the duty, to pay all my just
debts, expenses of my last illness and funeral expenses, from my
estate as soon after my decease as shall be found convenient.
GIFTS
II. Specific Bequests for Grandchildren: The specific bequests
herein provided are in two parts. Part (a) is to complete a
gifting process to my granddaughters, which I had begun during my
life and only relates to those gifts not made during lifetime to
the named beneficiaries and the second set of specific bequests,
part (b), are without regard to any lifetime gifts.
(a) It has been my practice to date for two of my
grandchildren, JULIE and LAURA, upon their graduation from high
school, to provide each with a cash gift of $1,000.00. If, at
the date of my death, my granddaughter, ERICA, has not graduated
from high school or has graduated from high school but has not
received such $1,000.00 cash gift from me (which point shall be
verified solely by my Executrix hereinafter named), then I give
to my granddaughter, ERICA, if she survives me, $1,000.00,
contingent upon her graduation, in order to be consistent with
lifetime gifts made to my granddaughters, JULIE and LAURA. By
way of explanation for certain additional gifts, I affirm that
upon the graduation of my granddaughter, JULIE, from a four-year
college, I provided to her a gift of $2,000.00 in cash. Since at
the time of signing this Will, my granddaughters, LAURA and
ERICA, have not completed a four-year college and received a
bachelor's degree for such education, I direct that, if at the
date of my death, LAURA or ERICA has not received their
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respective $2,000.00 cash gift for graduation from college (which
point shall be verified solely by my Executrix), LAURA or ERICA
or both as the c ircums tances require shall, if they survive,
receive said gift from my estate in the amount of $2,000.00 each,
provided that, as to each, she receives a bachelor's degree from
a four-year college before reaching her twenty-fourth birthday,
but failing to do so, she shall not be entitled to this gift.
(b) I give $10,000.00 each to my grandchildren, JULIE, LAURA
and ERICA, provided, however, that the grandchild named survives
me. For any grandchild who has predeceased me, the specific
bequest to that said grandchild shall lapse.
III. Specific Bequests.
A. I hereby give to St. Joseph's Roman Catholic Parish,
Mechanicsburg, Cumberland County, PA (Diocese of Harrisburg) the
sum of $1,000.00 in remembrance of JOHN and EMILY FLANNERY.
B. I hereby give $500.00 to be paid by my Executrix for
Masses to be said in remembrance of the FLANNERY and ELISON
families.
IV. Personal and Household Effects: I bequeath my automobiles,
household and personal effects and other tangible personalty of
like nature (not including cash or securities) together with any
existing insurance thereon, to such of my children as are living
on the thirty-first day after my death, to be divided among them
in as nearly equal shares as practical. In the absence of
agreement, the division shall be made as my Executrix may think
appropriate.
I direct that the expense of packing, shipping, insuring and
delivering any such property to a beneficiary entitled thereto
shall be paid by my Executrix as an administrative expense of my
Estate.
V. Residuary Estate. I give the rest, residue and remainder of
my Estate, whether real or personal and whenever situated in
equal shares to my children, per stirpes and not per capita.
VI. Power of Appointment. No provision of this Will shall
exercise any power of appointment I may have.
VII. Adofited Persons: For the purposes of this Will, adopted
persons s all be considered children of their adopted parents.
and they and their descendants shall be considered descendants of
their adopted parents, regardless of the date of the adoption.
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FIDUCIARIES
VIII. Executrix: I hereby nominate, constitute and appoint my
daughter, JUDITH ANN FLANNERY of 308 South Swarthmore Avenue,
Swarthmore, PA 19081, as Executrix of this, my Last Will and
Testament. In the event that my said daughter shall predecease
me, or be unwilling or unable to act as Executrix, then I
nominate, constitute and appoint Richard E. Connell, Esq. of the
law firm of Ball, Skelly, Murren & Connell, Harrisburg, PA, as
al terna te Executor. (Wherever the term "Executrix" is used, it
shall also include the term "Executor" as necessary).
IX. Resignation: Any individual Executrix may resign at any time
without court approval.
X. Bond: No Executrix shall be required to give bond.
ADMINISTRATIVE PROVISIONS
XI. Protective Provisions: To the extent permitted by law, the
interest of beneficiaries in principal or income shall not be
subject to the claims of their creditors and others, nor to legal
process, and shall not be voluntarily or involuntarily alienated
or encumbered, except that nothing in this article shall preclude
the assignment of all or any part of a beneficiary's interest to
his descendants. Further, exceptions may be made if my Executrix
approves.
XII. Management Provisions: My Executrix
addition to the powers and authority conferred
the following additional powers and authority:
A. Sell/Lease: To sell at public or private sale,
exchange, lease, mortgage or pledge any property, real or
personal, at any time, and upon such terms and conditions as
she shall deem wise.
shall have, in
upon her by law,
B. Retain/Invest: To retain and to invest in all forms of
real and personal property, including common trust funds,
mutual funds and money market deposit accounts regardless of
any limitations imposed by law on investments by executors,
or any principle of law concerning investment diversifica-
tion.
C. QEerate a Business: To operate any business activity
in which I have an interest to the extent I would, if alive.
D. Title to Property: To cause any security or other
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property which may constitute a portion of a Trust to be
issued, held or registered in her own name, or in the name
of a nominee, or in such form that title will pass by
delivery.
E. Capital Changes: To consent to the reorganization,
consolidation, readjustment of the financial structure, or
sale of the assets of any corporation or other organization,
the securities of which constitute a portion of my estate,
and to take any action with reference to such securities
which, in the opinion of the Executrix is necessary to
obtain the benefit of any such reorganization,
consolidation, readjustment or sale; to exercise any
conversion privilege or subscription right given to them as
the owner of any securities constituting a portion of my
Estate; to accept and hold as a portion of my Estate
securities resulting from any reorganization, consolidation,
readjustment, sale, conversion or subscription.
F. Expense of Estate: To pay all costs, taxes,
charges and expenses in connection with the administration
of my Estate.
G. Allocate: To determine what is "income" and what is
"principal" hereunder, and their decision thereon shall be
final: and to purchase securities at a premium or discount,
and to apply or charge said premium or discount against
income or principal as the Executrix may determine.
H. Borrow: To borrow money from any person, firm or
corporation, for the purpose of protecting and preserving or
improving my Estate hereunder; to execute promissory notes
or other obligations for amounts so borrowed.
TAX PROVISIONS
XIII. Death Taxes: I direct that all transfer and inheritance
taxes, state or Federal assessed because of my death, whether the
funds, property or insurance proceeds to which such taxes are
attributable pass under this Will or not, shall be paid out of my
residuary estate; that my Executrix pay, or provide for payment
of all such taxes at such time, or times, and in such manner as
my Executrix deems best.
XIV. Tax Options: I authorize my Executrix:
Death Taxes: To exercise any options available in
determining and paying death taxes in my estate, and to
allocate my generation-skipping tax exemption;
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IN WITNESS WHEREOF, I EMILY E. FLANNERY, the Testatrix of
this, my Last Will and Testament, typewritten on 5 sheets of
paper which I have identified at the bottom of each page by my
signature, hereunto set my hand and seal the /~ day of
October, 1993. '
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/ EMILWE. FLANNERY ?-
The preceding instrument consisting of this and 4 other
typewritten pages, each identified by the signature of the
Testatrix, EMILY E. FLANNERY, was on this day and date thereof
signed, published and declared by EMILY E. FLANNERY, the
Testatrix therein named, as and for her Last Will, in the
presence of us who, at her request, in her presence, and in the
presence of each other have subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We Marcia M. Connell and Gloria J. Coppersmith
and Richard E. Connell ,the witnesses whose names are
signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that we were
present and saw Testatrix sign and execute the instrument as her
Last Will; that she signed willingly and that she executed it as
her free and voluntary act for the purposes therein expressed;
that each of us in the hearing and sight of the Testatrix signed
the Will as witnesses; and that to the best of our knowledge
Testatrix was at that time eighteen or more years of age, of
sound mind and under no constraint or undue influence.
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Sworn or affirmed to
Marcia M. Connell
and Ric~ard E. Connell
(fJ"LL..J . 1993.
and subscribed to before me by
and Gloria J. Copnersmith
, witnesses, this t.:~3 dJ
day
of
(SEAL)
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I COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, EMILY E. FLANNERY, Testatrix whose name is signed to the
attached or 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.
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. EM~Y E. FLANNERY 67
Sworn or affirmed to and acknowledged before me, by EMILY E.
FLANNERY the Testatrix, the /~ ~ day of October, 1993.
(SEAL)
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CODICIL TO LAST WILL AND TESTAMENT
OF
EMILY E. FLANNERY
I, EMILY E.FLANNERY, having made my Last Will and
Testament dated October 13, 1993, do hereby make, publish and declare this
to be the sole Codicil to my said Last Will and Testament.
I. I hereby amend Paragraph VIII thereof by deleting the following
"Richard E. Connell, Esq. of the law firm of Ball, Skelly, Murren & Connell,
Harrisburg, P A, as alternate Executor (wherever the term "Executrix" is
used, it shall also include the term "Executor" as necessary)".
And inserting:
my daughters, MARY LOUISE FLANNERY DEMEO and KATHLEEN
FLANNERY PAULSON, as alternate Co-Executors.
II. In all other respects, I ratify, confirm and republish my Last Will
and Testament dated October 13, 1993, together with this sole Codicil as and
for my Last Will and Testament.
IN WITNESS WHEREOF, I, EMILY E. FLANNERY, the Testatrix to
this Codicil to my Last Will and Testament, typewritten on two (2) sheets of
paper which I have identified at the bq;ttom of each page by my signature,
hereunto set my hand and seal this 'if day of tl"t.;!'uo.-f:; , 1997.
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EMILY E. LANNERY (SEAL)
The preceding instrument consisting of this and one (1) other
typewritten page, each identified by the signature of the Testatrix, was on
this day and date thereof, signed, published and declared by Testatrix, the
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Testatrix therein named, as and fora Codicil to her Last Will and Testament,
in the presence of us, who at her request, in her presence, and in the presence
of each other have subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF DAUPHIN
I, EMILY E. FLANNERY, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as a Codicil to my
Last Will and Testament; that I signed it willingly, and that I signed it as my
free and voluntary act for the purposes therein expressed.
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EMILY . FLANNERY ()
Sworn or affirmed to and acknowledged before me, by
~'nr ,theTestatrix,thisdayof cZ3'{~(: ~
(SEAL)
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Notarial Seal
Glolia A. Cuddington, Notary Public
Hanisburg, Dauphin County, PA
My Commlssion Expires Feb. 14, 1998 _
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COMMONWEALTH OF PENNSYLVANIA
: ss:
COUNTY OF DAUPHIN
We, Heather D. Barron , Teresa R. McCorrnR~kand
R"rn"r" T n"Tl)t:l , the witnesses whose names
are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw her sign
and execute the instrument as a Codicil to Last Will and Testament; that she
signed willingly and that she executed it as her free and voluntary act for the
purposes therein expressed; that each of us, in the hearing and sight of the
Testatrix, signed the Codicil to her Last Will and Testament as witnesses;
and that to the best of our knowledge, the Testatrix was at the time eighteen
or more years of age, of sound mind and under no constraint or undue
influence.
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Sworn or affirmed to and subscribed to before me by Hp;ot'hpr n
Barron , Teresa R. McCormack ,andRRrbR'r" T Dl1rli-n
witnesses, this eZ{;day of ~" 1997.
(SEAL)
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Notarial Seal
Gloria A. Cuddlngton, Notary Public
Harrisburg, Dauphin County, PA
My CommisSion Expires Feb. 14, 1998
....'.".,,01.....-'\............
PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF
THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY
UNTIL COMPLETION
STATUS REPORT UNDER RULE 6.12
Name of Decedent: Emily E. Flannery
Date of Death: May 25, 2002
Will No.: 2002-00535
Admin. No.: 21-02-0535
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 X No
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 representative file a final account with the court?
Yes No X
Bo
The separate Orphans' Court No. (if any) for the personal representative's account
is:
Date:
3/31/04
Co
Do
Did the personal representative state an account informally to the parties in
~nterest? Yes X No
Copies of receipts, releases, joinders and approvals of formal or informal accounts
may be filed with the Clerk of the Orphans...'__Com:L~d may be attached to th~s
Signature
(MAH:rmffAM3)
Capacity:
Richard E. Connell, Esquire
Name (Please type or print)
2303 Market Street, Camp Hill, PA 17011
Address
(717) 232-8731
Telephone No.
Personal Representative
X
~Counse[ for Personal Representa~t~ c
RW. - 27