HomeMy WebLinkAbout01-1134
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PETITION FOR GRANT OF LETTERS
Estate of Rita M McCann
No.
21-01-1134
also known as
Rita M McCann
6/"""-
Brian 4"'McCann
Petitioner(s), who is/are 18 years of age or older, apply)ies) for:
, Deceased
Social Security No. 165140630
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
Decedent, dated 03/01/1999 and codicil(s) dated
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
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B. Grant of Letters of Administration
(c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 325 Weslev Drive, MechanicsburQ, PA 17055
(list street, number and municipality)
Decedent, then 81 years of age, died November 6 ,lQQ.L. , at Bethany VillaQe, MechanicsburQ, PA 17055
(Location)
Decedent 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 ........................................................................................ $
Total ..................................................................................................................... $
90,000.00
90,000.00
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Signature
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Brian McCann
28 Windfield Drive
Berlin NJ 08009
Typed or printed name and residence
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner(s) above-named swear(s) and 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 representative(s) of the
Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed alnd subscribed
before me this 11+th day of 11
DECEMBER 'I04L4'~ mc:i.-C,vr_
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Estate of Rita M McCann
DECREE OF REGISTER
Deceased
21-01-1134
also known as
No.
Date of Death: 11/06/2001
Social Security No: 165140630
AND NOW" DECEMBER 14 2001 ,in consideration of the Petition on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ~ Testamentary 0 of Administration
BlrrL
are hereby granted to Brian4' McCann aka Brian J McCann
((c.I.a., d.b.n.c.l.; pendente lite; durante absentia; durante minoriate)
in the above estate and that the instrument(s), if any, dated March 1, 1999
described in the Petition be admitted to probate and filed of record as the Last Will of Decedent.
FEES
Letters ....................................
Short Certificates(s) ../Q.......
Renunciation ..........................
Extra Pages (
) ...............
I.T.R.......................................
JCP Fee .................................
Inventory ................................
Other.............. ........... ...... .......
TOTAL .............................$
$
200.00
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ISler of Wills
$
$
$
$
$
$
$
$
30.00
12.00
/}~
/ . . ature
5.00
Attorney: Marielle F Hazen
I.D. No: 68003
Address: 845 Sir Thomas Court
HarrisburQ
Telephone: 717-541-5550
DATE FILED:
PA 17109
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21 -01-1134
LAST WILL AND TESTAMENT
OF
Rita M. McCann
I, Rita M. McCann, a resident of Berlin, New Jersey, declare this to be my
Last Will and Testament, and I hereby revoke any wills and codicils
heretofore made by me.
ARTICLE ONE: I direct that all of my just debts, funeral
expenses, expenses of my last illness and the cost of administering my
estate be paid as soon as practicable after my death.
ARTICLE TWO: All federal, state and other death taxes
payable on the property forming my gross estate for tax purposes, whether
or not it passes under the WILL, shall be paid out of the principal of my
residuary just as if they were my debts, and none of those taxes shall be
charged against my beneficiary.
ARTICLE THREE: Throughout this Will the masculine gender
shall include the feminine and the neuter, and the singular number shall
include the plural, and vice versa, unless the context of the Will indicates
otherwise.
ARTICLE FOUR: If any beneficiary shall die simultaneously
with me or under circumstances which render it impossible or difficult to
determine who died first, I direct that I shall be deemed to have survived
such beneficiary.
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ARTICLE FIVE: If a minor who is not a child of mine shall
become entitled to a share of my estate, I direct that my Executor deliver
items of tangible personal property (except cash) to either the minor, the
guardian of the minor, or person with whom the minor resides, without
bond and receipt signed by such person shall discharge my executor. I direct
that cash distributable to a minor shall, in the discretion of my Executor
either:
1. Be delivered by my Executor to a person designated by my
Executor as Custodian for said minor pursuant to the New Jersey Uniform
Gifts to lVfinors Act, as though my Executor were a donor making a gift
under the Act pursuant to its terms; or
2. Be deposited into a savings account in the name of the
minor, payable to him upon attaining the age of eighteen (18) years, or to
said minor's estate ifhe should die before attaining the age of eighteen (18)
years. My Executor shall have no further responsibility for funds so
deposited.
ARTICLE SIX: I grant my Executor (including any
subsequent or Alternate Executors) in addition to those powers granted by
the law of New Jersey the following powers:
1. To adjust, compromise and settle any claims or obligations.
2. To sell real and personal property at public or private sale
upon such price, terms and/or conditions as he may deem advisable in his
sole and absolute discretion.
3. To employ agents or advisors, including but not limited to
accountants, custodians, attorneys and investment counselors.
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4. To abandon in any way property which he determines in
his sole and absolute discretion not to be worth liquidating.
ARTICLE SEVEN:
I direct that neither my Executor nor any
alternate or substitute be required to furnish bond or other security
ARTICLE EIGHT:
I nominate my son, Brian McCann to be the
Executor of this Last Will and Testament. In the event that my son, Brian
McCann predeceases me, or for any reason fails to qualify or ceases to act, I
nominate as the Alternate Executor my daughter, Eileen Lapp.
ARTICLE NINE:
(a) At the time of my death, I may have prepared a document listing the
disposition of certain items of tangible personal property, not otherwise
specifically disposed of by my will. It is my desire to dispose of the
listed items as set forth in this document.
(b) I devise my estate to be divided among my children, Eileen Lapp, Brian
McCann, Kevin McCann and Kathy Elmgren, equally per stirpes.
^~r :vitne~sl whereoA I have hereunto subscribed my name this I g day of
( If lL'lJlC0A, 19 l{q .
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The foregoing instrument consisting of this and three preceding typewritten
pages, was signed, published and declared by the Testator to be his Last
Will and Testament, in the presence of each of us and we, at his request, and
in his presence, the Testator signed first, and in the presence of each other,
have hereunto SUbSCribr our names as witnesses this 1 <S.t- day
of rfv~~. ,19 qq.
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T, ~+-M. McCann , t~e :frt;;or: sign /?,y name to this ~~trument this
) day of~~^ 19~andbeingfirst
duly sworn, do hereby declare to the undersigned authority that I sign and
execute this instrument and my Last Will and Testament, and that I sign it
willingly, that I execute it as my free and voluntary act for the purpose act
for the purpose therein expressed, and that I am eighteen (18) years of age,
or older, of sound mind and under no constraint or undue influence.
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We
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the witnesses, sign our names to this instrument, and being duly sworn, do
each hereby declare to the undersigned authority that the Testator signs and
executes this instrument as his Last Will and Testament and that he signs it
willingly, and that each of us, in the presence and hearing of the testator,
hereby signs this Will as witnesses to the Testator's signing, and that to the
best of our knowledge, the Testator is eighteen (18) years of age, or older,
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STATE OF NEW JERSEY
:SS
COUNTY OF CAMDEN
Sworn and subscribed to, and acknowledged to and before me by Rita
M. ~cCan~ the T~a~orland s.worn and subscribed to before me by
t\\ ~;\ \ C\ (-~_~ \ l Ul-
and ((-"/;;;c 5417- /' r: , the witness this ) <; tday
of 0iL~~-,19 qrr
THOMAS D. CASTELLANO. JR.
NOTARY PUBLIC OF NEW JERSEY
Commission Expires 3 /,17 /,2002
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DER: COMPLETE THIS SECTION
. .
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. tlrticle Addressed to:
MARIELLE F HAZEN
845 SIR THOMAS COURT
HARRISBURG PA 17109
2. Article Number
(I,ansfer from service label)
PS Form 3811 , March 2001
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A. Received by (Please Print Clearly)
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D. Is delivery address diffe t from item 1?
If YES, enter delivery address below:
3. Se...r;Yice Type
Ef Certified Mail
o Registered
o Insured Mail
Ifi Agent
o Addressee
DYes
ia"No
o Express Mail
o Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee)
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Domestic Return Receipt
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DYes
102595-01-M-1424
UNITED STATES POSTAL SERVICE
First,Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
. Sender: Please print your name, address, and ZIP+4 in this box ·
REGISTER OF WILLS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE PA 17013
02.
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Estate No.: 21-01-1134
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
In Re: Estate of RITA M MCCANN
Late of
NO.
NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT
ORPHANS' COURT RULE
Personal Representative: BRIAN MCCANN
Counsel for Personal Representative: MARIELLE F HAZEN ESQ
Date of Grant of Original Letters: DECEMBER 14, 2001
Date of Delinquency Notice: MARCH 24, 2002
The undersigned, Mary C. Lewis, Register of Wills, in accordance with Rule 5.6,
Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberland County, that neither the above named personal representative nor
the above named counsel for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court
Orphans' Comt Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court
Orphans' Comt Rules, was given by the Register of Wills on MARCH 24, 2002, and that the ten
(10) day notice to file the certification has expired. Accordingly, in accordance with Rule 5.6( e)
the Court is hereby notified of such delinquency and the undersigned requests that a Court
conduct a hearing to determine whether sanctions should be imposed upon the delinquent
personal representative or counsel for the delinquent personal representative.
Date: APRIL 10, 2002
Distribution:
Personal Representative
Counsel for Personal Representative
Estate File
A hearing is scheduled for ~ iJ. ! l(1 :iou ;2. at . C;~ -) 0 A-Jt1!n Courtroom No.3. If the
Certification of Notice is fil. prior to the hearing date, the hearing will automatically be
cancelled.
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BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Rita M McCann
Date of Death: 11/06/2001
Will No_ 2001-01134
Admin. No.
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphan's Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on 04/16/2002
Name Address
Eileen Lapp 824 Anthony Drive
Mechanicsbura PA 17050
Brian J McCann 28 Windfield Drive
Berlin NJ 08009
Kevin McCann PO Box 520598
Bic Lake AK 99652
Kathy Elmgren 23205 S Verbena
Kennewick WA 99337
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except:
Date: 04/16/2002
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Signature Marielle F Hazen
Name: Jan Brown & Associates
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Address: 845 Sir Thomas Court. Suite 12
Harrisbura PA 17109
Telephone(717) - 5415550
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Personal Representative
Counsel for Personal
Representative
COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
MARIELLE F HAZEN ESQUIRE
OLD ENGLISH GAP
845 SIR THOMAS CT SUITE 12
HARRISBURG, PA 17109
__n____ fold
ESTATE INFORMATION: SSN: 165-14-0630
FILE NUMBER: 2101-1134
DECEDENT NAME: MCCANN RITA M
DATE OF PAYMENT: 08/07/2002
POSTMARK DATE: 08/06/2002
COUNTY: CUMBERLAND
DATE OF DEATH: 11/06/2001
NO. CD 001486
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $4,000.00
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TOTAL AMOUNT PAID:
$4,000.00
REMARKS: BRIAN MCCANN
C/O MARIELLE F HAZEN ESQUIRE
CHECK# 98
SEAL
INITIALS: CW
RECEIVED BY:
REGISTER OF WILLS
MARY C. LEWIS
REGISTER OF WILLS
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JAN L. BROWN & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
OLOE ENGLISH GAP
845 SIR THOMAS COURT
SUITE 12
HARRISBURG, PA 17109
EMAIL jlbassoc@ptd.net
"CERTIFIED ELDER LAW ATTORNEY BY
THE NATIONAL ELDER LAW FOUNDATION
TELEPHONE (717) 541-5550
FACSIMILE (717) 541-9223
. ADMITTED IN PA AND DISTRICT OF COLUMBIA
JAN L. BROWN*
MARIELLE F HAZEN**
August 2, 2002
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Estate of Rita M. McCann
File No. 2001-01134
PA File No. 21-01-1134
Gentlemen or Ladies:
Enclosed please find a check in the amount of $4,000 payable to the Register of Wills,
Agent. This check represents a payment of the Pennsylvania Inheritance Tax for the above-
referenced estate. Make sure the check is marked as received within the 9 month payment period.
Please forward a receipt to the above address.
We have requested an extension of time to file the Pennsylvania Inheritance Tax Return
from the Department of Revenue.
If you have any questions, feel free to contact this office.
Sincerely,
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\!Ywzd:c 1- bVphad;-
Brenda F. Kephart
Legal Assistant
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Enclosure
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPARTMENT 280601
HARRISBURG, PA 17128-0601
August 7, 2002
ID
Telephone
(717) 787-3930
FAX (717) 772-0412
Jan L. Brown & Associates
Olde English Gap
845 Sir Thomas Gourt- Suite 12
Harrisburg, Pa.17109
Re: Estate of Rita M. McCann
File Number 2101-1134
Dear Ms Hazen:
This is in response to your request for an extension of time to file the Inheritance Tax Return for
the above estate.
In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for
filing the return is extended for an additional period of six months. This extension will avoid the
imposition of a penalty for failure to make a timely return. However, it does not prevent interest from
accruing on any tax remaining unpaid after the delinquent date.
The return must be filed with the Register of Wills on or before February 6,2003. Because
Section 2136 (d) ()f the 1995 Act allows for only one extra period of six (6) months, no additional
extension(s) will be granted that would exceed the maximum time permitted.
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Jeffrey D. Hollenbush, Supervisor
Document Processing Unit
Inheritance Tax Division
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BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
INVENTORY
Estate of McCann, Rita M
No. 2001
01134
also known as
Rita M McCann
, Deceased
Date of Death 11/06/2001
Social Security No. 165140630
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the
personal assets wherever situate and all of the real estate 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 Decedent owned no
real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. l!We
verify that the statements made in this inventory are true and correct. l!We understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Personal Representative:
Name of
Attorney: Marielle F Hazen
1.0. No.: 68003
Brian McCann
Address: 845 Sir Thomas Court Suite 12
Dated 11/26/02
HarrisburQ
Telephone: 717 -541-55EiO
PA 17109
Description
Value
Commerce Bank
Checking Account 53918615
648.55
Commerce Bank
Savings Account 13109616
1,247.87
Equity Bank
Checking Account 2200210
51,944.11
Hudson United Bank
CD 1164737632; IRA; Estate is beneficiary
5,223.13
Hudson United Bank
CD 1230039210; IRA; Estate is beneficiary
4,257.29
Hudson United Bank
CD 1230049734; IRA; Estate is beneficiary'
8,420.63
Total
(Attach Additional Sheets if necessary)
93,025.87
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
RW-4
Continuation of Inventory
McCann, Rita M
2001
01134
Paqe 1
Description of Inventory
Description
Value
Hudson United Bank
CD 123014887; IRA; Estate is beneficiary
2,839.09
Hudson United Bank
CD 1230160998; IRA; Estate is beneficiary
2,647.36
Hudson United Bank
CD 1230185148; IRA; Estate is beneficiary
5,395.34
Hudson United Bank
CD 1230197411; IRA; Estate is beneficiary
1,780.35
Hudson United Bank
CD 1230304220; IRA; Estate is beneficiary
1,264.32
Hudson United Bank
CD 1230359291; IRA; Estate is beneficiary
1,7 43.43
Hudson United Bank
CD 1230455674; IRA; Estate is beneficiary
2,693.75
United States Treasury
1999 federal income tax refund
2,245.79
Bethany Village refund
674.86
Subtotal $
21,284.29
93,025.87
Grand Total $
.
.
REV.'$OOEX + (6-00)
.
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
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DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
McCann Rita M
DATE OF DEATH (MM-DD-Year)
DATE OF BIRTH (MM-DO-Year)
11/06/2001 11/15/1919
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
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00 1, Original Return
o 4. Limited Estate
[R] 6. Decedent Died Testate (Attach copy afWill)
o 9. litigation Proceeds Received
o 2. Supplemental Return
o 4a. Future Interest Compromise (date ofdealh after 12.12-82)
o 7. Decedent Maintained a living Trust (Attach copy olTrust)
o 10. Spousal Poverty Credit (date of death between 12.31-91 and 1-1-95)
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NAME
Marielle F Hazen
FIRM NAME (If Applicable)
Jan L Brown & Associates
TELEPHONE NUMBER
717-541-5550
Harrisbur
845 Sir Thomas Court Ste 12
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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
(Schadule E)
6. Jointly Owned Property (Schadule F) (6)
D Separate Billing Requested
(1)
(2)
(3)
(4)
(5)
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schadule G or L)
8. Total Gross Assets (total Unes 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decadent, Mortgage Liabilities, & Liens (Schadule I) (10)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Une 8 minus Une 11)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
(8)
(11)
(12)
(13)
14. Net Value Subject to Tax (Une 12 minus Une 13)
SEE INSTRUCTtONS ON REVERSE SIDE FOR APPLiCABLE RATES
(14)
z
o
i=
~
::J
a.
:E
o
()
~
I-
15. Amount of Une 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2)
X _(15)
67,823.86 X .045 (16)
X .12 (17)
X .15 (18)
(19)
16. Amount of Une 14 taxable at lineal rate
17. Amount of Une 14 taxable at sibling rate
18. Amount of Une 14 taxable at collateral rate
19. Tax Due
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
20. [8]
..M;....'+';<m:mn~m~mm .
OFFICiAl USE ONLY
-~~
J_J_-.d7
FILE NUMBER
21 -01 1 1 34
"'COONTV"'CQDE ----yEA~ - - 'Nii'M8ER-
SOCIAL SECURITY NUMBER
1 65- 1 4 - 0 6 3 0
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
o 3. RernainderRetum (date 01 death prior to 12-13-82)
o 5. Federal Estate Tax Return Required
_ 8. Total Number of Safe Deposit Boxes
o 11. Election to tax under Sec. 9113(A) (AtlachSch0)
PA 17109
OFFICIAL USE ONLY
l
93,025871
.~
93,025.87
12,829.55
12,372.46
25,202.01
67,823.86
67,82386
3,052.07
3,C5227
--
o
d t' C
I t Add
ece en s omDle e ress:
STREET ADDRESS aDE
Bethanv Villa e, 325 Weslev Drive
lower Allen Township
CITY T STATE I ZIP
Mechanicsburg PA 17055
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credil
B. Prior Payments
C. Discount
(1)
:1.0'17.0
400000
3. InteresVPenalty if applicable
D. Interest
E. Penalty
Total Credits (A + B + C)
(2)
4,000.00
TotallnteresVPenalty (0 + E) (3)
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 (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the inlerest on the tax due. (5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check to: REGISTER OF AGENT
947.93
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. retaintheuseorincomeofthepropertylransferred; ... .............. ....................... ............... 0 IZJ
b. relain the right to designate who shall use the property transferred or its income; ......... .............................. 0 IZJ
c. retain a reversionary interest; or ................................. ....................... ................................. D IX]
d. receive the promise for life of either payments, benefits or care? .................... .............................. 0 IZJ
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration?...................................................... ..... 0 00
3. Did decedent own an "In trust fo( or payable upon death bank account or security at his or her death? . .......... 0 IZJ
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? .................................................................................... ........ 0 00
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
THER THAN REPRESENTATIVE
NJ
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. ~9116 (a) (1.1) (i)).
For dates of dealh 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 (aJ (1.1) (ii)].
The statute does not exemot 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 jf
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 parell',
or a stepparent of the child is 0% [72 P.S. 99116(a)(1.2)].
The tax rate imposed on the net value at transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 99116(1.2) [72 P.S. 99116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% 172 P.S. 99116(a)(1.3)). A sibling is defined, under Section 9102, as an
individual who has alleast one parent in common with the decedent, whether by blood or adoption.
---
"'.'~m.""'.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
McCann Rita M
FILE NUMBER
21 01
1134
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. Commerce Bank 648.55
Checking Account 5398615
2 Commerce Bank 1,247.87
Savings Account 13109616
3 Equity Bank 51,944.11
Checking Account 2200210
4 Hudson United Bank 5,223.13
CD 1164737632; IRA; Estate is beneficiary
5 Hudson United Bank 4,257.29
CD 1230039210; IRA; Estate is beneficiary
6 Hudson United Bank 8,42063
CD 1230049734; IRA; Estate is beneficiary
7 Hudson United Bank 2,83909
CD 123014887; IRA; Estate is beneficiary
8 Hudson United Bank 2,647.36
CD 1230160998; IRA; Estate is beneficiary
9 Hudson United Bank 5,39534
CD 1230185148; IRA; Estate is beneficiary
10 Hudson United Bank 1,780.35
CD 1230197411; IRA; Estate is beneficiary
11 Hudson United Bank 1,264.32
CD 1230304220; IRA; Estate is beneficiary
12 Hudson United Bank 1,743.43
CD 1230359291; IRA; Estate is beneficiary
13 Hudson United Bank 2,693.75
CD 1230455674; IRA; Estate is beneficiary
14 United States Treasury 2,245 79
1999 federal income tax refund
15 Bethany Village refund 67486
TOTAL (Also enter on line 5, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
93025.87
-
REV.151 lEX + {1'971
'*
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
McCann Rita M
FILE NUMBER
21
01
1134
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A FUNERAL EXPENSES:
1. Costantino Funeral Home 7,781.50
2 Funeral luncheon 884.50
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative (s)
Social Security Number(s) I EIN Number of Personal Representative(s)
Street Address
City State Zip
Yea~s) Commission Paid:
2. Attorney Fees Jan L Brown & Associates 3,256.00
3. Family Exemption: (If decedenfs address is not the same as claimanfs, attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant 10 Decedent
4. Probate Fees Register of Wills, Cumberland County 247.00
5. Accountanfs Fees Cipriani & Alfinito, CPAs 420.00
6. Tax Return Prepare(s Fees
7. Cumberland Law Journal, legal advertisement 75.00
8 The Sentinel, legal advertisement 103.55
9 Hudson United Bank, bank charge 20.00
10 Register of Wills; filing fee Inventory and Inheritance Tax Return 25.00
11 Register of Wills; filing fee Family Settlement Agreement 17.00
TOTAL (Also enter on line 9, Recapitulation) $ 12829.55
(If more space is needed, insert additional sheets of the same size)
---
,,,,,,,,,,.,,.on.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULEr
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES & LIENS
.
ESTATE OF
McCann Rita M
FILE NUMBER
21 01
1134
Include unreimbursed medical expenses.
ITEM
NUMBER
DESCRIPTION
AMOUNT
10,005.44
1.
Bethany Village
outstanding nursing home bill
2
United States Treasury
2000 federal income tax iiability
1,709.00
3
2000 state income tax liability
114.00
4
Alert Phy at Bethany Village
outstanding medical bill
369.02
5
Jan L Brown & Associates
outstanding legal bill
175.00
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
12372.46
---
REV-1513 EX < 19_
COMMONWEALTH OF PENNSYlVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE J
BENEFICIARIES
FILE NUMBER
"~('~nn Rit"M ?1 n1 11~"
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
L TAXABLE DISTRIBUTIONS Unclude outright spousal d~bibutions, and transfers under
Sec. 9116 (a)(1.2)]
1. Eileen Lapp daughter 25% residue
633 Riders Club Rd, Onalaska, WI 54650
2 Brian J McCann son 25% residue
28 Windfield Drive, Berlin, NJ 08009
3 Kevin McCann son 25% residue
10622 Brycant Space #83, Yucaipa, CA 92399
4 Kathy Elmgren daughter 25% residue
23205 S Verbena, Kennewick, WA 99337
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
-----
(If more space is needed, insert additional sheets of the same size)
,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPARTMENT 280601
HARRISBURG, PA 17128-0601
August 7, 2002
Telephone
(717) 787-3930
FAX (717) 772-0412
Jan L. Brown & Associates
Olde English Gap
845 Sir Thomas Court- Suite 12
Harrisburg, Pa.171 09
Re: Estate of Rita M. McCann
File Number 2101-1134
Dear Ms Hazen:
This is in response to your request for an extension of time to file the Inheritance Tax Return for
the above estate.
In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for
filing the return is extended for an additional period of six months. This extension will avoid the
imposition of a penalty for failure to make a timely return. However, it does not prevent interest from
accruing on any tax remaining unpaid after the delinquent date.
The return must be filed with the Register of Wills on or before February 6,2003. Because
Section 2136 (d) of the 1995 Act allows for only one extra period of six (6) months, no additional
extension(s) will be granted that would exceed the maximum time permitted.
Sincerely,
~- /""'""7".--....-.-_v.._
. ;"'1;) 1
". Jeffrey D: H&ife)'1~t;r,. S'upervisor
~ '." Dqcument Pr<1ceSSi~iJnit
// Inheritance Tax Division
-
.
LAST WILL AND TESTAMENT
OF
Rita M. McCann
I, Rita M. McCann, a resident of Berlin, New Jersey, declare this to be my
Last Will and Testament, and I hereby revoke any wills and codicils
heretofore made by me.
ARTICLE ONE: I direct that all of my just debts, funeral
expenses, expenses of my last illness and the cost of administering my
estate be paid as soon as practicable after my death.
ARTICLE TWO: All federal, state and other death taxes
payable on the property forming my gross estate for tax purposes, whether
or not it passes under the WILL, shall be paid out of the principal of my
residuary just as if they were my debts, and none of those taxes shall be
charged against my beneficiary.
ARTICLE THREE:
Throughout this Will t.1.e masculine gender
shall include the feminine and the neuter, and the singular number shall
include the plural, and vice versa, unless the context of the Will indicates
otherwise.
ARTICLE FOUR: If any beneficiary shall die simultaneously
with me or under circumstances which render it impossible or difficult to
determine who died first, I direct that I shall be deemed to have survived
such beneficiary.
-
ARTICLE FIVE: If a minor who is not a child of mine shall
become entitled to a share of my estate, I direct that my Executor deliver
items of tangible personal property (except cash) to either the minor, the
guardian of the minor, or person with whom the minor resides, without
bond and receipt signed by such person shall discharge my executor. I direct
that cash distributable to a minor shall, in the discretion of my Executor
either:
1. Be delivered by my Executor to a person designated by my
Executor as Custodian for said minor pursuant to the New Jersey Uniform
Gifts to Minors Act, as though my Executor were a donor making a gift
under the Act pursuant to its terms; or
2. Be deposited into a savings account in the name of the
minor, payable to him upon attaining the age of eighteen (18) years, or to
said minor's estate if he should die before attaining the age of eighteen (18)
years. My Executor shall have no further responsibility for funds so
deposited.
ARTICLE SIX: I grant my Executor (including any
subsequent or Alternate Executors) in addition to those powers granted by
the law of New Jersey the following powers:
1. To adjust, compromise and settle any claims or obligations.
2. To sell real and personal property at public or private sale
upon such price, terms and/or conditions as he may deem advisable in his
sole and absolute discretion.
3. To employ agents or advisors, including but not limited to
accountants, custodians, attorneys and investment counselors.
""" .~.-.._._...,~""-,--_.,"""~-,-_.-"
,
4. To abandon in any way property which he determines in
his sole and absolute discretion not to be worth liquidating.
ARTICLE SEVEN:
I direct that neither my Executor nor any
alternate or substitute be required to furnish bond or other security
ARTICLE EIGHT:
I nominate my son, Brian McCann to be the
Executor of this Last Will and Testament. In the event that my son, Brian
McCann predeceases me, or for any reason fails to qualifY or ceases to act, I
nominate as the Alternate Executor my daughter, Eileen Lapp.
ARTICLE NINE:
(a) At the time of my death, I may have prepared a document listing the
disposition of certain items of tangible personal property, not otherwise
specifically disposed of by my will. It is my desire to dispose ofthe
listed items as set forth in this document.
(b) I devise my estate to be divided among my children, Eileen Lapp, Brian
McCann, Kevin McCann and Kathy Elmgren, equally per stirpes.
Ig
. In witness. whereof; I ,have hereunto subscribed my name this
(lYLl\.Aj~J~, 19 l{ICi.
day of
.......---. ,/i
X }~~d t~:;~ /".:?/>~", ___ ' ~.)/~
~-.
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--
The foregoing instrument consisting of this and three preceding typewritten
pages, was signed, published and declared by the Testator to be his Last
Will and Testament, in the presence of each of us and we, at his request, and
in his presence, the Testator signed first, and in the presence of each other,
(Sot
day
have hereunto subsCrib\d our names as witnesses this
of rfv^v~lJ'v~ ~ , 19 q C1.
IHl'~vi- /JJJJz~~;I"
r,~lsc -R~~ !Jj ,~"',!
, /
1// ","
(I/,-!.tf'.- c.. .
--',
," ) - /'c.-
r[/;::h/? / _.-1 .' /,,..-:"././ /'? .~d
L/ / v'
u
I, Rjta M. McCann, the Trtator,' Si~" Y name to this i9tstrument this
) ...:c,;+- r./\/ If\. ,1 '. uCt
day of --.-J f L-L ,-" ' '-- 19 ~, and being first
duly sworn, do hereby declare to the undersigned authority that I sign and
execute this instrument and my Last Will and Testament, and that I sign it
willingly, that I execute it as my free and voluntary act for the purpose act
for the purpose therein expressed, and that I am eighteen (18) years of age,
or older, of sound mind and under no constraint or undue influence.
// +-0' ~..
X ~::;"-/,h/ ~,,/" /;Jl;e; /::f 4/]/),4 ~
.._.,.~m""..~_,._.__~_.^'_'_~'__'__'_'''__
,
We
'iJ'\~\'cI'j )~\ \~~ and LC5!;;; ~/J / T
the witnesses, sign our names to this instrument, and being duly sworn, do
each hereby declare to the undersigned authority that the Testator signs and
executes this instrument as his Last Will and Testament and that he signs it
willingly, and that each of us, in the presence and hearing of the testator,
hereby signs this Will as witnesses to the Testator's signing, and that to the
best of our Imowledge, the Testator is eighteen (18) years of age, or older,
of sound mind, and under no constraint or tmdue influence.
l!'Q"\
r ..
1\ ( !
,0~,uj)t~~U:':;, ) )
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JJ JV& \\ 'L; /\j'j
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v
STATE OF NEW JERSEY
:SS
COUNTY OF CAMDEN
Sworn and subscribed to, and aclmowledged to and before me by Rita
M. ~c~~nn re Tis\,atorlan~ sworn and subscribed to before me by
t-\ \ ~ '\: \,\. !<j \ [Vi-.
and /~f;/; 5'{F ,/ r-- , the witness this ) S. tday
of ,yiLCLj~~L
V , 19
no
1'1.
~
~.<.J7 GJ~)/
THOM~S D. C~STELLANO. JR.
NOT~RY PUBLIC OF NEW JERSEY
Commission Expires 3/,17 {ZfJ02
---
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STATUS REPORT UNDER RULE 6.12
Name of Decedent' Rit0 M McCann
Date of Death: 11/06/2001
Will No. 2001-01134
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 X 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
account with the Court
Did the personal representative file a final
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' Court and may be attached to this report.
Family Agreement and Final Release gn&g~
filed with Reg of Wills.
Date' 3/22/2004
Si
Jan L Brown & Associates
Name (Please type or print )
845 Sir Thomas Court Suite 12
Harrisburg PA
Address
17109
(717) 541-5550
Tel. No.
Capacity
Personal Representative
X
Counsel for personal
representative
\.,/?~ ~/- c:v
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
MARIELLE F HAZEN
JAN L BROWN 8 ASSOCS
845 SIR THOMAS CT 12
HBG PA 17109
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
02-17-2003
MCCANN
11-06-2001
21 01-1134
CUMBERLAND
101
'*
REV-1547 EX AFP (01-05)
RITA
M
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
ftfv =i547-E3c-AFP--[oY:oiY-Noi"-icE--o':-YNHEifiTANcE-YA"x-A-PPRjrisEifENT~--ALToWAirCE-ori------------ --- --
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF MCCANN RITA M FILE NO. 21 01-1134 ACN 101 DATE 02-17-2003
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of Abh returns assessed to date.
ASSESSMENT OF TAX:
1.5. Allount of Lints 14 at Spousal rate (1.5)
16. Allount of Linls 14 taxable at Lineal/Class A rate (16)
17. Allount of Line 14 at Sibling rate (17)
18. Allount of Linll 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX CREDITS:
.00 X 00 = .00
67,823.86 X 045 = 3,052.07
.00 X 12 = .00
.00 X 15 = .00
(19)= 3,052.07
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
.5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(1)
(2)
(3)
(4)
(.5)
(6)
(7)
.00
.00
.00
.00
93,025.87
.00
.00
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value I~f Tax Return
13. Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value (~f Estate Subject to Tax
(9)
(10)
12,829.55
12,372.46
(11)
(12)
(13)
(14)
NOTE: To insure proper
credit to your account,
subllit the upper portion
of this forll with your
tax paYllent.
93,025.87
25.?02 01
67,823.86
.00
67,823.86
. ~...~... n~_~.. l+J AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
08-07-2002 CDOO1486 .50- 4,000.00
TOTAL TAX CREDIT 3,999.50
BALANCE OF TAX DUE 947.43CR
INTEREST AND PEN. .00
TOTAL DUE 947.43CR
IE IF PAID AFTER DATE :[NDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred
in possession or enjoyment to Class B [collateral) beneficiaries of the decedent after the expiration of any estate for
life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B [collateral) rate on any such future interest.
PURPOSE OF
NOTICE:
PAYMENT:
REFUND [CR):
OBJECTIONS:
ADMIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. [72 P.S.
Section 9140).
Detach the top portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side.
--Make check or money order payable to: REGISTER OF WILLS, AGENT
A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office
of the Register of Wills, any of the 23 Revenue District Offices, or by calling the special 24-hour
answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and I or
speaking needs: 1-800-447-3020 (TT only).
Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment
of tax [including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of
thi s Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601
Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-lSOl) for an explanation of administrativelY correctable errors.
If any tax due is paid within three (3) calendar months after the decedent's death, a five percent [SZ) discount of
the tax paid is allowed.
The lSZ tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation
penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest
that has been assessed as indicated on this notice.
Interest is charged beginning with first day of delinquency, or nine (9) months and one [1) day from the date of
death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of
six [6Z) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after
January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are:
Interest DailY Interest Daily Interest
Rate Factor Year Rate Factor Year Rate
Daily
Factor
Year
1982 20Z .000548 1987 9Z .000247 1999 n .00019Z
1983 16Z .000438 1988-1991 llZ .000301 2000 8Z .000219
1984 llZ .000301 1992 9Z .000247 2001 9Z .000247
1985 13Z .000356 1993-1994 n .000192 2002 6Z .000164
1986 10Z .000274 1995-1998 9Z .000247 2003 SZ .000137
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NU"BER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen [IS) days
beyond the date of the assessment. If payment is made after the interest computation date shown on the
Notice, additional interest must be calculated.
~/1-d-7~C:V
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
'*
REV-1U7 EX AFP 101-05)
MARIELLE F HAZEN
JAN L BROWN & ASSOCS
845 SIR THOMAS CT 12
HBG PA 17109
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
03-24-2003
MCCANN
11-06-2001
21 01-1134
CUMBERLAND
101
RITA
M
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REV: i6'ifj-E3f-AFP--f oy:ijiY-----...--iNi.fERITANCE--TAX--STA-fEME-NT-O-F-AC-co[itff--.-..---------------- -- ---
ESTATE OF MCCANN RITA M FILE NO.21 01-1134 ACN 101 DATE 03-24-2003
THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW
IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 02-17-2003
PR I NC I PAL TAX DUE: ..........................................................................................................................................................................................................................
3,052.07
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
08-07-2002 CDOO1486 .50- 4,000.00
03-03-2003 REFUND .00 947.43-
TOTAL TAX CREDIT 3,052.07
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
It
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR),
YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. )
PAYMENT:
Detach the tDP pDrtiDn Df this NDtice and submit with YDur payment made payable tD the name and address
printed Dn the reverse side.
If RESIDENT DECEDENT make check Dr mDney Drder payable tD: REGISTER OF WILLS, AGENT.
If NDN-RESIDENT DECEDENT make check Dr mDney Drder payable tD: COMMONWEALTH OF PENNSYLVANIA.
REFUND (CR): A refund Df a tax credit, which was nDt raquested Dn the Tax Return, may be requested by cDmpleting an
"ApplicatiDn fDr Refund Df Pennsylvania Inheritance and Estate Tax" (REV-13l3). ApplicatiDns are available at
the Dffice Df the Register Df Wills, any Df the 23 Revenue District Dffices Dr frDm the Department's 24-hDur
answering service fDr fDrms Drdering: 1-800-362-2050; services fDr taxpayers with special hearing and I Dr
speaking needs: 1-800-447-3020 (TT Dnly).
REPLY TO:
QuestiDns regarding errDrs cDntained Dn this nDtice shDuld be addressed tD: PA Department Df Revenue, Bureau
Df Individual Taxes, ATTN: PDSt Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, phDne
(717) 787-6505.
DISCDUNT:
If any tax due is paid within three (3) calendar mDnths after the decedent's death, a five percent (57-) discDunt
Df the tax paid is allDwed.
PENALTY:
The 157- tax amnesty nDn-participatiDn penalty is cDmputed Dn the tDtal Df the tax and interest assessed, and nDt
paid befDre January 18, 1996, the first day after the end Df the tax amnesty periDd.
INTEREST:
Interest is charged beginning with first day Df delinquency, Dr nine (9) mDnths and Dne (1) day frDm the date Df
death, tD the date Df payment. Taxes which became delinquent befDre January 1, 1982 bear interest at the rate Df
six (67-) percent per annum calculated at a dailY rate Df .000164. All taxes which became delinquent Dn and after
January 1, 1982 will bear interest at a rate which will vary frDm calendar year tD calendar year with that rate
annDunced by the PA Department Df Revenue. The applicable interest rates fDr 1982 thrDugh 2003 are:
Interest Daily Interest Daily Interest Daily
Year Rate FactDr Year Rate FactDr Year Rate FactDr
1982 207- .000548 1987 97- .000247 1999 n .000192
1983 167- .000438 1988-1991 117- .000301 2000 87- .000219
1984 117- .000301 1992 97- .000247 2001 97- .000247
1985 137- .000356 1993-1994 n .000192 2002 67- .000164
1986 107- .000274 1995-1998 97- .000247 2003 5)( .000137
--Interest is calculated as fDllDws:
INTEREST = BALANCE OF TAX UNPAID X NUKBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any NDtice issued after the tax becDmes delinquent will reflect an interest calculatiDn tD fifteen (15) days
beYDnd the date Df the assessment. If payment is made after the interest cDmputatiDn date shDwn Dn the
NDtice, additiDnal interest must be calculated.
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. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail""~
or on the front if space permits. .c. ""'1
1. Article Addressed to: .
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PS Form 3811, August2001 Domestic Return Receipt
102595-02-M-1540
UNITED STATES POSTAL SERVICE
" I
First-Class Mail ,
Postage & Fees Paid
USPS
Permit No. G-10
· Sender: Please print your name, address, and ZIP+4 in this box ·
REGISTER OF WILLS &
CLERK OF ORPHANS' COURT
ctlMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
ATIN: SUE
;)2
I" _.j:".~!;A4~I,~~JI~!fl'II.tlll)~~;!M .
JRD/June 30, 1992/17858
.
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DEe 0 4 2003 V
In Re: Estate of Rita M. McCann
Late ofLowe~r Allen Township
ORPHANS ' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLV ANIA
Estate No.: 21-2001-1134
NO. 21-2001-1134
NOTICE O]~ FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A
HEARING ])URSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE
Personal Representative:
Counsel for Personal Representative: Marielle F. Hazen, Esquire
Date of Decedent's Death: 11-06-2001
Date of Delinquency Notice: 10-10-2003
The undersigned, Donna M. Otto, Register of Wills, in accordance with Rule 6.12,
Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberland County, that neither the above named personal representative nor
the above named counsel for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court
Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court
Orphans' Court Rules, was given by the Register of Wills on 10-10-2003, and that the ten (10)
day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the
Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a
hearing to determine whether sanctions should be imposed upon the delinquent personal
representative or counsel for the delinquent personal representative.
Distribution:
Personal Representative
Counsel for Personal Representative
Estate File
Date: 12-3-20103
J -& -0 t/ 9"30 A Pl'
A hearing is scheduled for at in Courtroom No.3. If the Status Report is filed
prior to the hearing date, the hearing will automatically be cane
I~~
~.'~.~
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Geor
01/28/2004 15:47
71 75419223
JAN L BROWN & ASSOC
PAGE 01
J
.Ian L. Brown, ~ire.
Jacqueline A. Kelyt Esquire
JAN L BROWN & ASSOCIATES
AlTORNEY AND COUNSELOR AT LAW
Oule ENcJu.t GN>>
845 SIt THCIMI CcutT
Scm12
H---. PA 17109
EmaiI: jlb..OCOI*f.net
TElSIHC:lNE (717) 541..e550
F~ (717) 541-9223
EnndI F. KephIrt LegII Aul1 It .
PdI K. 'M1It, I..egII AIIiIeIn
"MIm1B). PA AMJlII11'CT Of ~
January 28, 2004
. VIA FAX 717-240-7797 AND US MAIL
Attn: Sue
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A ll70 13
Re: Estate of Rita M. MeCaDD
Soda) See1Irity No. 165-14-0630
File No. 2001-01134
Gentlemen or Ladies:
Attached please find the Status Report Under Rule 6.12 advising that this estate should
remain open. We anticipate closing this estate by year's end.
Be advised that Ian L. Brown is the attorney of record in this matter. The Petition for
Probate tiled ~)n or about December 14, 2001, listed Marlelle F. Hazen as the attorney. Please be
advised that Ms. Huen was an employee of Ian L. Brown & Associates at that time. She no
longer works here; and we continue to represent the personal representative of this Estate. We
apologize for any confusion regarding the current status of this estate file.
S~'_'9. B~
Ian ~wn
JLBlbtk
Enclosure
01/28/2004 15:47
71 75419223
JAN L BROWN & ASSOC
PAGE 02
}
S'{A11JS REPORT UNDER RULE 6.12
Name of Decedent: Rita M MOCann
Date of Death: 11/0612001
Will No. 2001..01134
Admin. No.
PursU8llt to Rule 6. 12 of the Supremo Coun Orphans I
Court Rules, I report the following with respect to completion of
the administration of the above-aptioned estate:
1 . State whether administration of the estate is complete:.
Yes No x
2. If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete: FSA/AccountinQ remains outst.anding; we believe administ.rat.ion
will be complete on or before 12/31/04.
3 . If the answer to No. I is Yes, state the following:
a.
~count with the Court?
Did the personal representative file a final
Yes ~o
b . The separate Orphans' Court No. (if any) for
the personal representative t s account is:
c . Did the personal representative state an
account infunnally to the parties in interest ? Yes No
d . Copies of receipts. releases. joinders and
approvals (.r formal or infonnal accounts may be filed with the
Clerk of the Orphans t Court and may be attached to this report.
Date: 0112812004
~~~
Signa
.-
Jan L Brown & AMael8tM
Name (Please type or print)
845 Sir Thomas COurt Suite 12
Harrilllbura PA 1710Q
Address
( 717 ) 541- 5550
Tel. No .
Capacity :
Personal Represontative
x
Counsel for personal
representative
STATUS REPORT UNDER RULE 6.12
IV /
v()K
Name of Decedent: Rita M McCann
Date of D(~ath: 11/06/2001
Will No. 2001-01134
Admin. No.
Pursuant to Rule 6. 12 of the Supreme Court Orphans I
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 1S complete:
Yes No X
2 . If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete: };'SA/Account ing rema ins outstanding; we bel ieve admini stra t ion
will be complete on or before 12/31/04.
3 . If the answer to No. 1 is Yes, state the following:
a.
account with the Court?
Did the personal representative file a final
Yes No
b . The separate Orphans I Court No. (if any) for
the personal representative I s account is :
c . Did the personal representative state an
account infiJrmally to the parties in interest? Yes No
d . Copies of receipts, releases, joinders and
approvals of formal or informal accounts may be filed with the
Clerk of the Orphans' Court and may be attached to this report.
Date: 01/28/2004
~;RB~
SignatUl:
"",,,-,.
Jan L Brown & Associates
Name (Please type or print)
845 Sir Thomas Court Suite 12
Harrisbura PA 17109
Address
( 717 ) 541- 5550
Tel. No.
Capacity :
Personal Representative
X
Counsel for personal
representative
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
ESTATE OF RITA M. MCCANN, DECEASED
FILE NO. 2001-01134
c;2
FAMILY AGREEMENT AND FINAL RELEASE
THIS AGREEMENT by and between BRIAN MCCANN, as Executor offb'e Estate of
RITA M. MCCANN, Deceased, and EILEEN LAPP, BRIAN MCCANN, KEVI.N MCCANN
and KATHY ELMGREN, individually.
WHEREAS, RITA M. MCCANN, late of Lower Allen Township, Cumberland County,
Pennsylvania, died testate on November 6,2001, having first made her Last Will and Testament
dated March 1, 1999, which instrument was admitted to probate and is recorded in Cumberland
County Courthouse, Register of Wills, File No. 2001-01134;
WHEREAS, BRIAN MCCANN has been duly appointed as Executor of the Estate of
Rita M. McCann, Deceased; and
WHEREAS, the parties in interest under the Last Will and Testament of Rita M.
McCann, Deceased, are:
1. Eileen Lapp, daughter;
2. Brian McCann, son;
3. Kevin McCann, son; and
4. Kathy Elmgren, daughter.
WHEREAS, EILEEN LAPP, BRIAN MCCANN, KEVIN MCCANN and KATHY
ELMGREN are each entitled to twenty-five percent (25%) of the residuary estate;
Page 1 of7
~~.
WHEREAS, each ofthe parties to this Agreement have been furnished with a complete
listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as
attached hereto and marked as Exhibit A;
WHEREAS, it is the desire of the parties to this Agreement that administration of this
estate be completed and accomplished without a formal accounting to the Orphans' Court
Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties
to avoid the expense, delay and publicity of a formal accounting;
WHEREAS, the parties to this Agreement each acknowledge to have received a proposed
Schedule of Distribution attached hereto and marked as Exhibit A.
NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises,
covenants and agreements recited herein, the parties do agree as follows:
1. Each of the parties to this Agreement does hereby release and forever discharge
the said Executor, BRIAN MCCANN, his heirs, executors, administrators and assigns, JAN L.
BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from any and
all liability which may from time to time arise in connection with their service as Executor and
Attorneys of the Estate of Rita M. McCann, Deceased. The parties do further agree to indemnify
and hold them harmless from any and all liability which may arise against the estate from
creditors or claimants.
2. Each of the parties does hereby acknowledge receipt of the assets described on the
Schedule of Distribution attached hereto.
Page 2 of7
3. Each of the parties acknowledges that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon their respective
heirs, successors, administrators and assigns.
4. Each of the parties do further agree with each other and the aforesaid Executor
that should any liability come due to the estate ofthe said decedent after the signing of this
Agreement, each will contribute pro rata his share of the estate to satisfy any and all claims,
demands, suits or causes of action which may be successfully prosecuted against the said estate
or the aforesaid Executor after the signing, sealing and delivery of this Agreement.
5. This Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
Page 3 of7
IN WITNESS WHEREOF, I have hereunto set my hand and seal this '~
day of
~"'I>JG.''l''''''''''
....
, 2004.
WITNESS:
~-s,
-~'-.,c, ,""-
f3~11lc~
BRIAN MCCANN, Executor and Beneficiary
STATE OF NEW JERSEY
SS:
COUNTY OF
On this the '~
day of
~'l-....'-O!<-.
-
, 2004 before me, a Notary
Public, the undersigned officer, personally appeared BRIAN MCCANN, known to me or
satisfactorily proven to be the person whose ~~e is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~. . .~ '~<:A..,-'
Notary pu~
Lynda J. Miller
My Commission Expires
Nov. 18th, 2006
Page 4 of7
'];L. W~ESS WHEREOF, I have hereunto set my hand and seal this
.)
IJ ' , 2004.
..91 day of
WITNESS:
E~~{t1p,~~l~f2 3 -,;-- d'f
STATE OF WISCONSIN
COUNTYOF I~ ~
d' /J
On this the S - day of Y? I a/L,~
SS:
, 2004 before me, a Notary
Public, the undersigned officer, personally appeared EILEEN LAPP, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
~t?,
Page 5 of7
IN W][TNESS WHEREOF, I have hereunto set my hand and seal this
~1i
day of
~tv
,2004.
WITNESS:
4~~ L\\t~QllnQv:J
i/ .
;(~ hc~
KEVIN MCCANN, Beneficiary
STATE OF ALASKA
SS:
COUNTY OF
On this the ~~
day of L{('\p.j\.n'^-.-
, 2004 before me, a Notary
Public, the undersigned officer, personally appeared KEVIN MCCANN, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~I/ Jv\a/'rJ-p-/5( J-jUJt
Notary Public
\ ' '
In j L 0'('{\(YUSJ I (VI ~*-f7LAC~
II--{J) :..at
Page 6 of7
"
"';,......
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
sv/, dayof
-
tl\G.-~~~
,2004.
WITNESS:
<
~"'" {\. r'7
t' . L c_':<..:..---'
f1~ -urn.
KATHY ELMGREN, Be~
STATE OF WASHINGTON
) -+---
~ij ~~'^'--
SS:
COUNTY OF
On this the
c:
....- )
-
day of
/ll CLA-cL , 2004 before me, a Notary
Public, the undersigned officer, personally appeared KATHY ELMGREN, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
{~
Page 70f7
STATEMENT OF ACCOUNT OF THE ESTATE OF RITA M. McCANN
Personal Property
Commerce Bank accounts
Equity Bank account
IRA accounts, estate is beneficiary
U.S. Treasury, 1999 tax refund
Bethany Village refund
Total Assets
Income earned since date of death
Expenses
Funeral
Legal fee; Jan L Brown & Assoc
Accountant fee; Cipriani & Alfinito
Administrative costs
Debts of decedent
Inheritance Tax
Total ]~xpenses
Net Assets Available for Distribution
$1,896.42
$51,944.11
$36,264.69
$2,245.79
$674.86
-$8,666.00
-$3,256.00
-$1,520.00
-$514.67
-$13,197.39
-$3,052.57
SCHEDULE OF DISTRIBUTION
ACCORDING TO TERMS OF WILL*
Eileen Lapp, 25% of residue
Cash distribution; 6/03
Cash distribution; final
Brian 1. McCann, 25% of residue
Cash distribution; 6/03
Cash distribution; final
Kevin McCann, 25% residue
Cash distribution; 6/03
Cash distribution; final
Kathy Elmgren, 25% of residue
Cash distribution; 6/03
Cash distribution; final
Total Histribution
$15,438.56
$498.69
$15,438.56
$498.68
$15,438.56
$498.69
$15,438.56
$498.69
*Final cash distribution may be increased or decreased based on interest accrued, market value
of assets, presentation of an obligation and/or payment of additional charges. After final
distribution is made, the beneficiaries agree to reimburse the personal representative
if called upon to pay further liabilities of the decedent in the future.
2/26/2004
Exhibit A
$93,025.87
$929.75
-$30,206.63
$63,748.99
$63,748.99
STATUS REPORT UNDER RULE 6.12
1\ 1/
V ~'lK
Name of Decedent: Rita M McCann
Date of Death: 11/06/2001
Will No. 2:001-01134
Admin. No.
Pursuant to Rule 6. 12 of the Supreme Court Orphans'
Court Rules, I report the following with respect to completion of
the administration of the above-captioned estate:
1 . State whether administration of the estate IS complete:
Yes X No
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.
account with the Court?
Did the personal representative file a final
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' Court and may be attached to this report.
Family Agreement and Final Release !-.D ~
filed with Reg of Wills. ~ _~
Date: 3/22/2004
Signat
Jan L Brown & Associates
Name (Please type or print)
845 Sir Thomas Court Suite 12
Harrisburg PA 17109
Address
I',~
(717 ) 541- 5550
Tel. No .
.' - ~
l
('f")
('-J
1.---
~-
Capacity :
Personal Representative
o..;;:/"
p
X
Counsel for personal
representative
J ~
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