HomeMy WebLinkAbout02-0101PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Ruth B. Farence
also known as
, Deceased.
Social Security No. 184-07-1628
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executrices
in the last wilt of the above decedent, dated January 24,
and codicil(s) dated
To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
named
,19 95
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland
her last family or principal residence at ~28 East
County, Pennsylvania, with
Simpson St., Mechanicsburg,
(list street, number and muncipality)
Decendent, then 99 years of age, died January 23, 2002. , ~ ,
at Claremont Nursing & Rehabilation, Carlisle, PA 17013
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
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows: House and Lot at ~28 East
Mechanicsburg, PA 17055
$ 85,000,00
$
$
$ 100:000.00
Simpson St.,
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters Te st amentar3r
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron.
Marie A. Rupp
Hemlock Dv~ve
W~.Cb~n_icsburg; PA 17055
ViOla M. Burke
]~ Cov~,ntvv lqo~d
S~amford; ~T 0690}
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ ss
COUNTY OF ~UM~E~LAt~
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
') ~
Sworn to or affirmed and subscribed ~- D)-~ "~/~ ,~4J-A/~ ~
before me this 29th ,-xday of [ _..(-q~-4_--z~ ~::~ /"~.~,~/.o ~'
Q_~3'anua~¥ i/J' 2002. /~_~/J )f~ , ' ' ~
-MA~f C L~WIS Register [ U ~/ ~
~0. 21-02-101
Estate Of RUTH B. FARENCE
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW January ~TH ............ ~._200~ in consideration c' ,",-~ ?:itiott on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated January 24; 199~
described therein be admitted to probate and flied of record as the last will of
Ruth B. Farence ;
and Letters T e s tame nt ary
are hereby granted to Marie A, Rupp and Viola M. Burke
FEES
Probate, Letters, Etc .......... $2 3 5 _ 0 0
Short Certificates(4) .......... $ 1 2.0 0
Bk~IK(:~K~If' .EX.TRA · PAG.ES $ 6 _ 00
5'CP $ 5. O0
TOTAL __ $ ~.58 fin
Filed -JANUARY' · 2.0 ;- '20-02 ............
mailed to attorney january 29, 2002
Register of (Vills
J. Robert Stauffer (~063~6
ATTORNEY (Sup. Ct. I.D. No.)
Market Square Bldg.
Mechanicsburg, PA 170~
ADDRESS
717-766-9673
PHONE
75
his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
°4 .
Local l~gisrrar. The original certificate will be forwarded to the State Vital Records Office for permanent ~ihng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Cumberland
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH * VITAL RECORDS
CERTIFICATE OF DEATH
Ruth ill. Faron¢o ,. F.~.male =. 184 -- 07 .-- 1628 ,. January 23, 2002
: ] Sep28, 1902 [ Cumberland County, ] .... [] E~vo.t~. I-i ~o*E] I~R~ ~ ~,~,E]
~ /~. 17. Pa. le,,- ~
Middlesex Twp. ,, Claremont Nursing & Rehabilitation ,= ~..,.~..~,~..k~'~c'~"' I'U') White
,~.~k~.:~,~.,~.,~ Federal Government I {o-12) 8 I (14o1.~+) Widowed
Clerk / Typist ,.,. ,,. p3. I ~'. '~*
~m'sM~e~,~.~.~.z~c~ I~cE~Nrs Pennsylvania ,,..~ ~.~
528 East S~mpson Street /
_
,~. Mechanicsbur~, ~enns~lvama ~705 ' ~.~ Mechanicsburo
~c~ Cumberland ~* ...ffi ~ _c
~.E,'SNAME¢,=.M~ L~ Samuel Charles Simmons ~e. ~lnerua Viola Rhoads
,~.s~¢~ Marie Rupp I~ 8 Hemlock Drive Mechanicsburg, Pa. 17055
~:a~O ~ 0 a,~ Jan 26, 2002 a,. Mechanicsburg Cemete~ ~,, Mechanicsburg, Pennsylvania
· - 17055
~ ~~ ~~ [,a. FD-012662-L I~ Myers Funeral Home Inc. 37East MainStreet Mechanicsburg Pa 17055
21-02-101
LAST WILL AND TESTAMENT OF RUTH B. FARENCE
I, RUTH B. FARENCE, of the Borough of Mechanicsburg,
County of Cumberland and State of Pennsylvania, being of sound
and disposing mind, memory and understanding, do make, publish
and declare this my Last Will and Testament, hereby revoking and
making void any and all prior Wills by me at any time heretofore
~de.
I direct the payment of all my Just debts and funeral
expenses as soon after my decease as the same can be conveniently
done.
e
I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed, whatsoever
and wheresoever the same may be situate, to my daughter, MARIE
A. RUPP, my daughter, VIOLA M. BURKE, and to my daughter-in-law,
BETTY J. FARENCE, share and share alike, per sttrpes.
LASTLY, I nominate, constitute and appoint my two (2)
daughters, MARIE A. RUPP and VIOLA M. BURKE, Co-Executrices of
this my Last Will and Testament, and direct that they be excused
from posting bond or other security for the faithful performance
of their duties in any Jurisdiction.
-1-
COMMONWEALTH OF PENNSYLVANIA )
:
COUNTY OF CUMBERLAND )
SS.
I, RUTH B. FARENCE , the testat rix
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 and Testament;
that I signed it willingly; and that I signed it as my free and volun-
tary act and deed, for the purposes therein contained.
Sworn and affirmed to and acknowledged before me by_
RUTH B. FARENCE , the tes6atrix , this
day of Januar~ , A. D., 1995.
COMMONWEALTH OF PENNSYLVANIA )
:
COUNTY OF CUMBERLAND )
SS.
~ ~ Nov. 6, 1~97 'I
We, the undersigned, J. ROBERT STAUFFER
and ERIKA L, LEVENHAGEN , the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the
testat rix , RUTH B. FARENCE , sign and exe-
cute the instrument as M/her Last Will and Testament; that the
said testatrix , RUTH B, FARENCE , executed it as
~/her free and voluntary act for the purposes therein expressed;
Lhat each of us, in thc hearing and sight of the testat rix · signed
the Will as witnesses; and that to the best of our knowledge, the
testat rJ_~ was, at the time, eighteen (18) or more years of age,
of sound mind, and under no constraint, duress or undue influence.
y 995. , -' ~,~7 ~
IN WITNESS ¥~HEREOF, I have hereunto set my hand and seal
this ~%.~/ day of January, A. D., 1995.
Ruth B. Farence
Signed, sealed, published and declared by the above
named, RUTH B. FARENCE, as and for her Last Will and Testament,
in the presence of us, who have subscribed our names hereto as
witnesses, at the request of said testatrix, in her presence and
in the presence of each other.
-2-
A
Name of Decedent:
CERTIFICATION OF NOTICE UNDER RULE 5.6(a).
RUTH B. FARENCE
Date of Death: January 23, 2002
Will No. 2002-00101 Admin. No.
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on February [~.~, 2002 :
Name
Address
MARIE A. RUPP, 8 Hemlock Drive: MechanicsburE;
VIOLA M. BURKE~ 1~ Coventry Road, Stamford, CT
PA 170~_g
06903
BETTY J. FARENCE, 26 Ridgeway Drive, Mechanicsburg, PA 170~0
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except None
Date: February 8, 2002
Name J. Robert Stauffer
Address
Market Square Bldg.
Mechanicsburg, PA 170J~
Telephone (717 766-9673
Capacity!
Personal Representative
x Counsel for personal representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
CD
REV-1162 EX(11-96)
001484
STAUFFER J ROBERT
MARKET SQUARE BUILDING
MECHANICSBURG, PA 17055
........ fold
ESTATE INFORMATION: SSN: 184-07-1628
FILE NUMBER: 2102-01 01
DECEDENT NAME: FARENCE RUTH B
DATE OF PAYMENT: 08/06/2002
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 01/23/2002
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $6,757.57
TOTAL AMOUNT PAID:
$6,757.57
REMARKS: J ROBERT STAUFFER ESQUIRE
SEAL
CHECK# 337
INITIALS: JA
RECEIVED BY:
MARY C. LEWIS
REGISTER OF WILLS
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Marie A. Rupp and Viola M. Burke
being duly sworn according fo law, deposes and says that ~eY are the Executrices
of the Estate of Ruth B. Farence
late of Mechanicsb~_u_rg~ , Cumberland County, Pa., deceased and that the
wlfhin is an inventory made by Marie A, R_~pp and Viola M. Burke , the said Executrices
of the enfire estate of said decedent, consisting of all +he personal property and real estate, except real es,fate oufside
rheas of C°mm°nwealfhfhe date of decedenf°f Penn,sylvania,s death, and that the figures oppos~ach~/ ~ifem'°f fhe~.lnvenfory~represent if s fair value
and subscribed before me,
2 oo~...
8 Hemlock Drive, Mechanicsburg, PA 170~
1~ Coventry Road, Stamford, CT 06903
Address
Date of Death
23 January 2002
Day Month Year
INSTRUCTIONS
I. An inventory must be filed wifhin three months after appointment of personal representative.
2. A supplement inventory must be filed wifhln thirty days of discovery of additional assets.
3. Addiflonal sheets may be attached as to personalty or realty
4. See Article IV, Fiduciaries Act of 1949. ,
Inventory of the real and personal estate of
RUTH B. FARENCE
deceased
(1)
(3)
(4)
House and Lot of Ground situate at the Southwest corner of
East Simpson Street and Norway Street in the Second Ward of
the Borough of Mechanicsburg, County of Cumberland and State
of Pennsylvania, known and numbered as g28 East Simpson Street
Mecha~icsburg, PA 170~. ' ~ 88,000 00
Waypoint Bank, Checking Account No. 1800009508. 29,174 17
Waypoint Bank, Savings Account No. 1860001932. 12,893 75
Chuck Bricker, Auctioneer, gross proceeds from sale of
Household furnishings.
Total ................ :
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT, 280601
~HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
FARLNG]:.,~ Ru.~h B.
ILl DATE Of DEATH (MM-DO-YEAR) I DATE OF BIRTH (MM-OD-YEAR)
"' Januar7 23, 2002 l September 28, 1902
N/^
119F ¢lftl y
iH- Fir:IA!
FILE NUMBER
21 - 2002 0 0 1 0 1
COUNTY CODE YEAR NUMBER
SOCIAL SECURITY NUMBER
18ll. - 07 - 1628
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
.~-oo
n,,,J
t--
Z
LU
Z
o
UJ
0
[~1. Original Return [~ 2. Supplemental Return
[~4. Limited Estate [~ 4a. Future Interest Compromise (date o! death after 12-12-82)
[~6. Decedent Died Testate (Attach copy of Wifl) [] 7. Decedent Maintained a Living Trust (Attach copy of Trust)
[_~9. Litigation Proceeds Received ~J 10. Spousal Poverty Credit (date oldeath between r2-31-91 and 1-1-95)
LE~, ALL CORRE~PONDI~N(~~'A
NAME
J t?obert "t;au£f'ez'~ A'bt;y
FIRM NAME (If Applicable)
Same
TELEPHONE NUMBER
717-'~66-9673
[~3. Remainder Return (date el death pdor !o 12-13-82)
'--]5. Federal Estate Tax Return Required
O 8. Total Number of Safe Deposit Boxes
]11. Election to tax under Sec. 9113(A) (Attach Sch O)
COMPLETE MAILING ADDRESS
H. arket Squ. are Bldg.
1 West Main St.
Mechaniosburg, PA 170~
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Modgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Properly (5)
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
[~ Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Properly (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9.
10.
11.
12.
13.
14.
Funeral Expenses & Administrative Costs (Schedule H) (9)
Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
Total Deductions (total Lines 9 & 10)
Net Value of Estate (Line 8 minus Line 11)
Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
Net Value Subject to Tax (Line 12 minus Line 13)
88,000.00
0.00
0. OD
0.00
50~128.35
0.00
50,641.41
OFFICIAL USE ONLY
(8)
188,769.76
38,601.58
0.00
(11)
(12)
(13)
38,601.~8
~50.~68.~8
OeO0
(14)
1~0,168.18
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2)
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
O. O0 x .o_ (15)
150,168.18 x.045 (16)
O.OO x .12 (17)
O. O0 x .15 ¢8)
19. Tax Due
20. [~]
0,00
6,7~7.~7
O.OO
0.00
(19)
Decedent's Complete Address:
STREETADDRESS
t
Ruth B. Farence
.')~_[, L a,.,t ,)i.mpsorl St.
CITY
l'~ e C l') ail :,[ c s bl~r f~ J STATE PA
J 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
Interest/Penalty if applicable
D. Interest
E. Penalty
OoOO
O,OO
O.OO
Total Credits ( A + B + C ) (2)
O. OO
O,OO
Total Interest/Penalty ( D + E )
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.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(1) 6,757.57
0.00
(3) O. OD
(4) O ,, OD
(5) 6,75 7.5 7
(SA) 0. O0
(5B) 6,757.57
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the properly transferred; .......................................................................................... [] []
b. retain the right to designate who shall use the properly 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 properly within one year of death
without receiving adequate consideration? .............................................................................................................. [] []
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. [] []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ [] []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Uader penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and 1o lhe best of my knowledge and belief, il is true, correct and complete.
Declaration of preparer other than Ihe personal representative is based on all information of which preparer has any knowledge.
SIGI~A~.,,ORE OF PERSON RESPONSIBL~--.~:OR FILING RETURN
DATE
ADDRESS 8 Hemlock D~ive 15 Coventry Road
Mechan~csbur
~ ,.' gr [' 7 gp Stamfozd, CT 06903
SIGNATUR~PR~ OT~ER TNAN ~ENTATIVE, DATE
Market Sc uare B1 Mechanicsbur PA 10
For dates of death on or afIer 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 sullying spouse is 3%
172 P.S. ~91~6 (a) (1.1) (i)].
For dates of death on or after Janua~ 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the suwiving spouse is 0% [72 P.S. {9116 (a) (1.1) (ii)]
The statute does not exempt a transfer to a sullying spouse from tax, and the statuto~ requirements for disclosure of assels and filing a tax return are still applicable even
the su~iving spouse is the only beneficial.
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 s~epparenl of ~he child is 0% [72 RS.
The tax rate imposed on the net valu~ 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 RS. {9116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedenrs siblings is 12% [72 RS. {9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or adoption.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
]~.IPI'H B. FAR]iII'ICE
SCHEDULE A
REAL ESTATE
:ILE NUMBER
21-02-0101
2OO2-00101
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 pdce at which property would be exchanged
between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts, Real property which is jointly-owned with right
survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
AL[, THAT C}~,RTAIN House and Lot of Ground s:[tuate
at 'the Southwest corner of East Simpson Street and
Norway Street in the Second Ward of the Borough of
Mechanicsbur~, Cumberland County, Pennsylvania,
present]_.V known and. numbered as .~28 East S~_mpson St.,
I'.'[echa~icsburg, PA 170~]. Sold to I, ir~da J. Riccl. o,
for ,t,~o 000 00
Sale Price ..........................................
VALUEAT DATE
OF DEATH
88,000.00
TOTAL (Also enter on line 1, Recapitulation) $ ~ 8, O OO o O O
(If more space is needed, insert additional sheets of the same size)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER 21- 02- 0101
'r ~, ,' 1'~
RU~It B. FAR .,I'.IC..., 2002-00101
Include the proceeds of litigation and the date the proceeds were received by the estate. All properly jointly-owned ',~ith the right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
Waypoi. nt Bank, Checking Account No. 1800009508,
balance of Account on 1/23/02.
Waypoint Bank, Savings Account No. 1860001932,
balance of Account on 1/23/02.
Chuck Bricker Auctioneer, of Brickers Auction, 9~
Texaco Road, Mechanicsburg, Pa., gross proceeds
from sale of household furnishings.
Pennsylvania Blue Cross/Blue Shield, refund.
Linda J. Ricio, refund of prepaid items as follows:
County and Boron.gh Taxes.
School Tax.
2nd Quarter Sewer and Refuse.
Quest Diagnostics, refund.
Verizon, refund.
Il. S. Treasury, February l, 2002 deposit of Civil
Service benefit.
TOTAL (Also enter on line 5, Recapitulation)
VALUE AT DATE
OF DEATH
29,174.17
12,983.75
7,173.5o
224.90
~6o.5o
lO.25
a.~7
5.66
378.00
$ 5o,128.35
(If more space is needed, insert additional sheets of the same size)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DEC. FI3ENT
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
ESTATE OF FILE NUMBER 2 ]. - 02- 01 O1
1~t I. T B 2002-00101
This schedule must be completed and filed if the answer to any of questions 1 lhrough 4 on the reverse side of the REV-1500 COVER SHEET ~s les.
DESCRIPTION OF PROPERTY % OF
ITEM ,NCLUDE THE NAME OF 1HE TRANSFEREE, TI~EIR RELAIIONSHIP 10 DECEDENT AND THE DATE or TRANSFER DATE OF DEATH DECD'S EXCLUSION TA~BLE VALUE
ATTACH A CO~ OF THE DEED FO~ "EAL ESTATE.
NUMBER VALUE OF ASSET INTEREST ~IF AP~ICABLE~
1. Annuit'y Contz'act No. A2069'()lJl ~-~i. tt'~
Metlife Investors lISA, handled
through PNC Brokerage Coz, porat].on,
Account No. 773130614, with Marie
A. Rupp and Viola M. Burke
designated as benefic:laries. ~; ~O,6141.11.1 lO~ None $ ~O,6~1.~
TOTAL (Also enter on line 7, Recapitulation) $
(If more space ~s needed, insed additional sheets of the same raze)
REV-1511 EX+ (12-99) .
~~
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Hu'rn H. FAHENCE
FILE NUMBER 21-02-0101
2002-00101
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A.
DESCRIPTION
AMOUNT
1.
FUNERAL EXPENSES:
Hyers li\meral Home, 37 East Hain St., Hechanicsburg,
PA 17055, i'uneral expenses.
:Hyers Funeral Home, 37, Jl.:ast :Hain St., Hechanicsburg,
PA 17055, funeral spray.
* 10,031.00
158.00
B. ADMINISTRATIVE COSTS:
1.
2.
Personal Representative's Commissions
2,800.00
2,800.00
Harie A. Hupp
Name of Personal Representative(s) Via la 11. Burke
196-1ti::-2'10g
Social Security Number(s)/EIN Number of Personal Representative(s) 209-l2-921c.
Street Address n Hemlock Drive
City ___
HechanicsbuRK-
2002
State PA Zip 17055
Year(s) Commission Paid:
Attorney Fees
J. Hobert Staui'fer, Esq., attorney i'ee.
5,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant N / A
4.
5.
Street Address
City
State _ Zip
Relationship of Claimant to Decedent
Accountant's Fees
258.00
6. Tax Return Preparer's Fees
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Marie A. Rupp, reimbursement i'or obituary notice.
West Shore Emergency, ambulance services.
Uni ted \vater Pennsylvania, January 2002 water.
Charlotte Barrick, Funeral luncheon.
Cumberland Law Journal, Estate Notice.
Lester W. Erb, Inc., heating fuel.
S. H. Black & Sons, snow removal.
Verizon, February 2002 telephone.
A.fr. 8c ~r., February 2002 long distance telephone.
United Water Pennsylvania, February 2002 water.
8.00
88.95
15.01
100.00
75.00
101.64
37.10
22.49
21.45
10.85
TOTAL (Also enter on line 9, Recapitulation) $ CARR Il':D FOHltJ ARJ
(If more space is needed, insert additional sheets of the same size)
PAGE - 1
SCHEDULE 14
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES
Please Prlnt or Type
I~iL[~'UMnER 21- 02-0101
ITEM
NUMBER
17.
LUIH P, I'"AR E 1~. CE
DESCRIPTION
2(:)02-00101
I'AMOUNT
27.13
18.
19.
20.
21.
22.
23.
2/.1. ·
25.
26,
27,
28,
29,
30,
31,
32,
33.
34.
35.
36.
37.
38.
39.
40.
41 ·
42 ·
43.
1.111-.
4.5.
/-I.6.
51.
52.
%3.
54.
The Sentinel, Estate Notice.
United Water Pennsylvan~.a, 1.~arcb. 2002 water.
Barry L. Heckard, Sr., 2002 Count'y and Borough Taxes.
PPL Electric Utilities, March 2002 electric.
Verizon, March 2002 telephone.
Whitcomb Tax Service, preparation of 2001 Income Tax.
Borough of Mechanicsburg. 2nd Quarter Sewer and Refuse.
C. W. Fritz, furnace repairs.
James Oingrich Memorials, Lettering cemetery monument.
United Water Pennsylvania, April 2002 water.
Marie A. Rupp, preparing for public sale.
Viola M. Burke, preparing for public sale.
Verizon, April 2002 telephone.
PPL Electric Utilities, April 2002 electric.
Chuck Brlcker, Auctioneer, labor for sale set-up, sale
bills and. auctioneer's commission.
Met Life Investors, return of pa~ue~ts received.
Mary Haring, hauling trash.
One Beacon, Homeowners Insurance premium.
United Water Pennsylvania, May 2002 water.
Myers Funeral Home, death certificates.
A. T. & T., long distance service.
PPL Electric Utilities, May 2002 electric.
Claremont Nursing & Rehabilitation Center, room,
board and care.
S. H. Black & Son, Inc., lawn care.
Linda A. Rupp, mowing lawn.
United Water Pennsylvania, June 2002 water.:
Centur. y 21 Piscioneri Realty, Inc., real estate sales
commis s ion.
Centruy 21 Piscioneri Realty, Inc., transaction fee.
Recorder of Deeds, real estate transfer tax.
Penn Pest, Inc., termite/bug control.
Purity Abstract Company, paid toward buyer's settlement
COSTS .
Il. S. Treasury, refund of February l, 2002 payment.
PPL Electric Utilities, final electric bill.
S. H. Black & Son, Inc., final lawn care.
United Water Pennsylvania, final bill.
Register of Wills, filing Inventory/PA InheP. Itance Tax.
Register of Wills, filing Final Account.
Total.......,......$
lO0.31
6.61
311.61
2~.65
22.49
85.00
65.2o
lO4.28
75.0o
6.61
lo0.oo
100.00
22.58
~.46
1,650.00
571.05
120.00
326.00
40.61
12.00
1.60
25.96
2,527.05
111.30
50.o0
6.71
6,160.00
195.oo
88o.oo
127.20
2,640.00
378,00
11.11
37.10
4.47
25.00
PAGE- 2
REV~IS13 EX * (1-97) ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
SCHEDULE J
BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF 21- 02-0101
l~.l~'i~lI B. FARENCE 2002-00101
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY OD Not List Trustee{s) OF ESTATE
TAXABLE DISTRIBUTIONS (include outright spousal dislributions)
II.
1.
· 'ILE NUMBER
MARIE A. RUPP
8 ttemlock Drive
Mech. anicsbo~g, PA 170_~
VIOLA M. BURKE
IX Coventry Road
St ambord, CT 06903
BETTY J. FAI~Et1CE
26 East Ridgeway Drive
Mechanicsburg, PA 170~0
D aught e r
Daughter
Unr emarr i e d
daughter-tn-law
One-third shar~
of Estate.
One-third shat(
of .Estate.
One-third shar(
of Estate.
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE
NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET
ON REV 1500 COVER SHEET
(If more space is needed, insed additional sheets of the same size)
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DZY/SION
DEPT. Z80601
HARRISBURG, PA 171Z8-0601
J ROBERT STAUFFER ATTY
HARKET SQ BLDG
I W HAIN ST
NECHANICSBURG PA 17055
CONHONHEALTH OF PENNSYLVANZA
DEPARTHENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLO#ANCE OR DZSALLONANCE
OF DEDUCTIONS AND ASSESSHENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUHBER
COUNTY
ACN
09-16-2002
FARENCE
01-25-2002
21 02-0101
CUHBERLAND
101
Amount Remitted
REV-l~47 EX &FP C01-02)
RUTH
HAKE CHECK PAYABLE AND REHZT PAYHENT TO:
REGISTER OF HILLS
CUHBERLAND CO COURT HOUSE
CARLISLE, PA 17015
CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORDS ~
REV-1547 EX AFP (01-OZ) NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLOHANCE OR DZSALLOtfANCE OF DEDUCT/OHS AND ASSESSHENT OF TAX
ESTATE OF FARENCE RUTH B FILE NO. 21 02-0101 ACH 101 DATE 09-16-2002
TAX RETURN NAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REV~ASE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1)
2. Stocks end Bonds (Schedule B) (2)
3. Closely Hold Stock/PartnorshAp Interest (Schedule C)
fi. Hortgagas/Notas RacoAvabls (Schedule D)
5. Cash/Bank DeposAts/NAsc. Personal Property (Schedule E) (5)
6. JoAntly Owned Property (Schedule F) (6)
7. Transfers (Schedule g) (7)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expanses/Ada. Costs/MAsc. Expenses (Schedule
10. Debts/Mortgage LAabAlitiss/LAans (Schedule I) (10)
11. Total DeductAons
12. Net Value of Tax Return
1~.
lq.
88z000.00
.00
.00
.00
50~128.$5
.00
50~6~1 .~1
38,601.58
CharAtablo/Governmsntal Bequests; Non-elected 9115 Trusts (Schedule J)
Nat Valuo of Estate Subject to Tax
NOTE: To Ansuro proper
credit to your account,
subeAt the upper port/on
of thAs fore wAth your
tax payeont.
188,769.76
.00
(11:} 38.601.58
(12) 150,168.18
.00
(13)
(1~) 150,168.18
NOTE:
ASSESSNENT OF TAX: 15. Amount of LAne 1~ at Spousal rate
16. Amount of LAne 1~ taxable at Lineal/Class A rate
17. Aaount of LAne 1~ at SAblAng rate
18. Aaount of LAne 1~ taxable at Collateral/Class B rats
19. PrAncApal Tax Due
TAX CREDITS:
PAYNENT RECEIPT DISCOUNT (+}
DATE NUNBER INTEREST/PEN PAID (-)
CDOOlfi8fi .00
08-06-2002
Zf an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 ~ill
re~lect ~igures that include the total o~ ALL returns assessed to date.
(is) .00 x O0 = .00
(16) 150,168.18 x 0~5= 6,757.57
(17) .00 x 1Z = .00
(18) .00 x 15 = .00
(1~)= 6,757.57
AMOUNT PAZD
6,757.57
6,757.57
.00
.00
.00
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
( ZF TOTAL DUE ZS LESS THAN $1, NO PAYMENT ZS REI~UZRED.
ZF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST. ZF TOTAL DUE ZS REFLECTED AS A 'CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION:
PURPOSE OF
NOTICE:
PAYMENT:
REFUND [CR):
OBJECTIONS:
ADMIN-
ISTRATIVE
CORRECTIONS:
DZSCOUNT:
PENALTY:
INTEREST:
Estates of decedents dying on or before December 11, 1981 -- 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 8 (collateral) rate on any such future interest.
To fulfill the requirements of Section Z140 of the Inheritance and Estate Tax Act, Act 23 of ZOO0. (72 P.S.
Section 9140).
Detach the top portion of this Notice and submit with your payment to the Register of Hills printed on the reverse side.
--Make check or money order payable to: REGISTER OF NILLS, AGENT
A refund of a tax credit, ehich wes not requested on the Tax Return, may be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office
of the Register of Nills, any of the 23 Revenue District Offices, ar by calling the special 24-hour
ansaaring service for forms ordering: 1-800-$61-Z050; services for taxpayers eith special hearing and / or
speaking needs: 1-800-447-3010 (TT only).
Any party in interest not satisfied with the appraisement, alloeanca, or disallowance of deductions, or assessment
of tax (including discount or interest) as sheen on this Notice must abject within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. 281011, Harrisburg, PA 171Z8-1011, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
1982 ZOZ . 000548 199P 9Z
1983 161 . O00438 1993-1994 71
198~, 117. . 000301 1995-1998 92
1985 137. · 000356 1999 77.
1986 107. . O00ZTfi ZOOO 8Z
1987 97. . 000147 Z00X 9Z
1988-1991 111 .000301 2002 67.
--Interest is calculated as folloes:
ZNTEREST= BALANCE OF TAX UNPAZD
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Raviaa Unit, Dept. Z80601, Harrisburgj PA 17128-0601
Phone [717) 787-6505. Sam page S of the booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-IS01) for an explanation of administratively correctable errors.
If any tax due is paid within three ($) calendar months after the dacadent's death, a five percent (51) discount of
the tax paid is allowed.
The 157. 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 Dna (1) day from the date of
death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rata of
six (61) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after
January 1, 1982 ail1 bear interest at a rate ahich ail1 vary free calendar year to calendar Year with that rata
announced by the PA Department of Revenue. The applicable interest rates for 1982 through ZOOZ ara:
Interest Rate Daily Interest Factor Year Interest Rate Daily Interest Factor
.000247
.00019Z
.O00Zq7
.O0019Z
.000119
.O00Zq7
.00016q
X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) 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.
IN TIIE COURT OF CO~.~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
NO. 2002-00101 ORPHANS' COURT DIVISION.
__ FIRST AND FINAL ACCOUNT OF MARIE A. RUPP AND VIOLA M.
BURKE, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF RUTH B.
FARENCE, LATE OF THE BOROUGH OF MECHANICSBURG, COUNTY OF
CUmbERLAND AND STATE OF PENNSYLVANIAt. DECEASED.
Date of Death: January 23, 2002.
Dates of Advertisement of Letters Testamentary:
In the Cumberland Law Journal: February 15 and 22 and March l, 2002.
In The Sentinel: February 8, 15 and 22, 2002.
PRINCIPAL ACCOUNT
Debits
Accountants charge themselves with the following assets
and receipts of decedent, consisting of real estate
and personalty as follows, to wit:-
2OO2
1/23
1/23
2/1
6/27
6/27
6/27
6/27
Waypoint Bank, Checking Account No. 1800009508.
Waypoint Bank, Savings Account No. 1860001932.
U. S. Treasury, Civil Service Retirement Check.
Blue Cross/Blue Shield, medical reimbursement.
Chuck Bricker, Auctioneer, gross proceeds from
sale of household furnishings.
Linda J. Ricto, proceeds from sale of 528 East
Simpson Street, Mechanicsburg, Pa., property.
Linda J. Ricio, reimbursement for 2002 County
and Borough Taxes.
Linda J. Ricto, reimbursement for 2001-2002
School Tax.
Linda J. Ricio, reimbursement for Second Quarter
..~ Sewer and Refuse charges.
7/5 ,~...'~Quest Diagnostics, refund.
7/12~'~ Verizon, refund.
$ 29,174. 7
1 ,85 .87
378.00
224.9o
7,173.50
88,000.00
16o.5o
lO.25
2.87
lh.75
GROSS.pRINcIPaL. AS~ETS'~A ~ND~ . RECEIPTS ........... .... ..... .$ 138,000.k7.
-1-
PRINCIPAL ACCOUNT
Credits
Accountants ask Credit for the following amounts paid
out in the Settlement and Administration of decedent's
estate as follows, to wit:
2OO2
1/25
1/23
1/23
1/26
1/29
2/4
2/27
2/27
2/27
2/27
2/27
~/4
3/21
3/21
4/1
/1
k/1
413
/15
129
/30
~/30
5/5
5/5
5/16
5/2~
5/2e
6/1~
6/17
Myers Funderal Home, funeral expenses. $
West Shore Emergency'.Ambnlance, ambulance service.
United Water PennsYlvania, January 2002 water.
Charlotte Barrick, funeral luncheon.
Register of Wills of Cumberland County Pennsylvania,
Letters Testamentary.
Cumberland Law Journal, Estate Notice.
Lester W. Erb, Inc., heating fuel.
S. H. Black & Sons, snow removal.
Myers Funeral Home, funeral spray.
A.T. & T., February 2002 Long Distance service.
United Water Pennsylvania, February 2002 Water.
Verizon, February 2002 telephone.
PPL Electric Utilities, February 2002 electric.
The Sentinel, Estate Notice.
United Water Pennsylvania, March 2002 electric.
Barry L. Heckard, Sr. Tax Collector, 2002 County
and Borough~Taxes.
PPL Electric Utilities, March 2002 electric.
Verizon, March 2002 telephone.
Whitcomb Tax Service, preparing 2001 Income Tax
Returns.
C. W. Fritz, furnace repairs.
James Gingrich Memorials, Letterins Cemetery
Monument.
Borough of Mechanicsburg, 2nd Quarter Sewer and
Refuse charges.
United Water Pennsylvania, April 2002 water.
Verizon, April 2002 telephone.
Marie A. Rupp, preparing for sale.
Viola M. Burke, Preparing for sale.
PPL Electric Utilities, April 2002 electric.
Chuck Bricker, Auctioneer, labor for sale, sale
Bills and Auctioneer's commission.
Mary Haring, hauling trash.
One Beason, Homeowners Insurance premium.
United Water Pennsylvania, May 2002 water.
Myers Funeral Home, death certificates.
A. T. & T., long distance service.
PPL Electric Utilities, May 2002 electric.
Claremont NUrsing & Rehabilation Center, room
boad and care.
10,031. O0
88.95
15.01
100.00
258.oo
75.00
101.64
37.10
158,0o -
21.45
10.85
22.49
27,13
100.31
6.61
311,61
25,65
85 · O0
104.28
75'00
6~,80
.61
22.~8
100,00
100'. O0
1,650,00
120.00
3~6.0o
40.61
12.00
1.60
25.96
2,527.05
6/7
6/?.
6/i4
6/27
6/27
6/27
6/27
6/2?
7/8
7/8
7/8
S. H. Black & 8on, Inc., lawn care~ $
Linda A. Rupp, lawn care.
United Water Pennsylvania, June ~002 water,.
CentUry 21 Piscioneri Realty, Inc~
sales commission.
Century 21Piscioneri Realty, Inc~ ~ransacbion
fee.
Recorder of Deeds, real estate transfer ~ax~
Penn Pest, Inc., termite treatment~
Purity Abstract Company, paid ~oward bu2e~ts
settlement costs.
PPL Electric Utilities, final elec~c ch~ge~ .
U. B. Treas~ry~ return of Feb~ar~.~ ~00~
8. H. Black & Son, final bill rom
United Water Pennsylvania, final
Register of Wills, Agent, Pennsylva~i~
Tax.
Register of Wills, filing Inventpo
vania Inheritance Tax RetU~
Reserved to filing First a~d Final
Marie A~ RUpp, Executrix Oommisaion,
Viola M, Burke, Executrix Ccmmiaaie~
J. Robert Stauffer, At'torne~'~
Gash, reserved to preparatioh of ~inal ~lduota~
Income Tax Returns and contt~genet~ ''
TOTAL .... PRINGIPAL
88o,00
Principal Account
Debits $ 138,000.~7
Credits ~5,2.80,~0
BALANCE..~N~HANDS OF ACCOUNTANTS FOR
-3-
SOHEDU,LE. OF PROPOSED DISTRIBUTION
Suggestion is made that the balance in hands of Accountant~'
for Distribution, to wit, the sum of $143,361.78 be distributed
partly in Kind and partly in Cash, as follows:
In Kind, to Marie A. Rupp and Viola M. Burke, the proceeds
of Annuity Contract No. A20697~4 with Met Life Investors through
PNC Brokerage Account No. 77313064, totaling the sum of $50,641.41,
share and share alike.
The balance of said funds, to wit, the sum of $92,720.37
be made in Cash to decedent's three (3) residuary legatees in
equal shares, in accordance with item "2," of decedentts Last
Will and Testament and therefore Distribution is proposed as
follows:
In Cash to BETTY J. FARENCE............
30,906.79
30,906.79
o, o6.79
9 ,7eo.
-4-
COMMONWEALTH OF PENNSYLVANIA )
)ss:
COUNTY OF CUMBERLAND )
Personally appeared before me, the undersigned officer, a
Notary Public, in and for said Commonwealth and County, MARIE A.
RUPP and VIOLA M. BURKE, Executrices of the Last Will and Testament
of RUTH B. FARENCE, late o£ the Borough of Mechanicsburg, County
of Cumberland and State of Pennsylvania, deceased, who being duly
sworn according to law, deposes and states, that they are the
Accountants in the annexed Account and that said Account is true
and correct to the best of their knowledge, information and belief
and that there are no unpaid creditors to be notified of this
Account and that the day of proposed decree of confirmation has
been given to all parties who have an interest in the estate as
beneficiaries and deponents further aver that the foregoing
Schedule of Proposed Distribution of the net assets of the estate
of RUTH B. FARENCE, deceased, is true and correct and is made in
accordance with the provisions of said decedentts Last Will and
Testament and the laws of the Commonwealth of Pennsylvania,
applicable thereto.
Sworn and subscribed before me
thi~ I~. day of 0ctober 2002.
'~" IN~ary 'P~blic
Marie A. Rupp
Viola M. Burke
-5-
LAST WILL A~) TESTAMENT OF RUTH B. FARENCE
I, RUTH B. FARENCE, of the Borough of Mechanicsburg,
County of Cumberland and State of Pennsylvania~ being of sound
and disposing mind, memory and understanding, do make, publish
and declare this my Last Will and Testament, hereby revoking and
making void any and all prior Wills by me at any time heretofore
made.
I direct the pa~uent of all my Just debts and funeral
expenses as soon after my decease as the same can be conveniently
done.
5
I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed, whatsoever
and wheresoever the same may be situate, to my daughter, MGLRIE
A. RUPP, my daughter, VIOLA M. BURKE, and to my daughter-in-law,
BETTY J. FARENCE, share and share alike, per stirpes.
LASTLY, I nominate, constitute and appoint my two (2)
daughters, ~blRIE A. RUPP and VIOLA M. BURKE, Co-Executrices of
this my Last Will and Testament, and direct that they be excused
from posting bond or other security for the faithful performance
of their duties in any Jurisdiction.
-1-
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this ~ day of January, A. D., 1995.
Ruth B. Farence
(SEAL)
Signed, sealed, published and declared by the above
named, RUTH B. FARENCE, as and for her Last Will and Testament,
in the presence of us, who have subscribed our names hereto as
witnesses, at the request of said testatrix, in her presence and
in the presence of each other.
-2-
COMMONWEALTH OF PENNSYLVANIA )
:
COUNTY OF CUMBERLAND )
SS.
I, RUTH B. FARENCE , the testat rix
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 and Testament;
that I signed it willingly; and that I signed it as my free and volun-
tary act and deed, for the purposes therein contained.
Sworn and affirmed to and acknowledged before me byre-
RU2U{ B. FARENCE , the testatrix , this
day of Januar,y __ _, A. D., 1995,
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, the undersigned, J. ROBERT STAUFFER
and ERIKA L, LEVEI~IIAGEN , the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the
testat rix , RUTtt B. FARENCE , sign and exe-
cute the instrument as ~/her Last Will and Testament; that the
said testatrix , RUTH B. FAREI,ICE , executed it as
X~Ll~/her free and voluntary act for the purposes therein expressed;
that each of us, in the bearing and sight of the testatrix_, signed
the Will as witnesses; and that to the best of our knowledge, the
testat r~ was, at the time, eighteen (18) or more years of age,
of sound mind, and under no constraint, duress or undue influence.
COMMONV~EALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
NOVEMBER 26, 2002
I, Mary C. Lewis, Register for probate of Wills and granting Letters of
Administration for the County of Cumberland, in the Commonwealth of Pennsylvania, do hereby
certify the foregoing to be true and accurate copies of the
FIRST AND FINAL ACCOUNT OF MARIE A. RUPP AND VIOLA M. BURKE,
EXECUTRICES OF THE ESTATE OF RUTH B. FARENCE, LATE OF MECHANICSBURG
BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED.
as the same were passed and advertised and remain
on file and of record in this office..
IN TESTIMONY WHE.REOF, I have
hereunto set my hand and official seal the date
Mary C. Lewis, Re~/ster omm~Wills
NOW TO WIT, NOVEMBER 26,2002, came into Court MARIE A. RUPP AND
VIOLA M. BURKE, EXECUTRICES.
and presented an account and statement of proposed
distribution, which were examined, passed, approved, and confirmed with a balance in his hands
of $143,361.78 and the accountant was directed to distribute said
balance in accordance with the statement of distribution filed.
y C. eWis, Clerk of the Ot~han~ Court
COMMONWEALTH OF PENNSYLVANIA SS:
COUNTY OF CUMBERLAND
I, Mary C. Lewis, Clerk of the Orphans' Court, in and for said County, do hereby certify
the foregoing to be a true copy of the account and statement of proposed distribution of
MARIE A. RUPP AND VIOLA M. BURKE, EXECUTRICES
as full and entire as the same remain on file and
record in this office.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and official seal at Carlisle,
this 26day of NOVEMBER,20 02
Mary C. Lewis, Clerk of the O~ha~Court
o
Ii
<2>
<==
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
NO. 2002-00101 ORPHANS' COURT DIVISION. __.___. --
FIRST AND FINAL ACCOUNT OF MARIE A. RUPP AND VIOLA M.
BURKE, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF RUTH B.
FARENCE, LATE OF THE BOROUGH OF MECHANICSBURG, COUNTY OF
CUMBERLAND AND STATE OF PENNSYLVANIA~ DECEASED.
Date of Death: January 23, 2002.
Dates of Advertisement of Letters Testamentary:
In the Cumberland Law Journal: February 15 and 22 and March 1, 2002.
In The Sentinel: February 8, 15 and 22, 2002.
PRINCIPAL ACCOUNT
Debits
Accountants charge themselves with the following assets
and receipts of decedent, consisting of real estate
and personalty as follows, to wit:-
2002
1/23
1/23
2/1
Waypoint Bank, Checking Account No. 1800009508. $ 29,17~.17
Waypoint Bank, Savings Account No. 1860001932. 12~8~87
U. S. Treasury, Civil Service Retirement Check. 378,00
Blue Cross/Blue Shield, medical reimbursement. 224.90
Chuck Bricker, Auctioneer, gross proceeds from
sale of household furnishings. 7'173'50
6/27 Linda J. Ricio, proceeds from sale of 528 East
Simpson Street, Mecbanicsburg, Pa., property· 88,000.00
6/27 Linda J. Ricio, reimbursement for 2002 County 160.50
and Borough Taxes.
6/27 Linda J Ricio, reimbursement for 2001-2002
· 10.25
School Tax.
6/27 Linda J. Ricio, reimbursement for Second Quarter 2.87
, Sewer and Refuse charges. 14.75
7/5 ~i.~?Quest Diagnostics, refund· ~.66
7/12.¥. V~erizon, refund.
GROSS PR.INCIP~L AS~ET~A~ND RECEIPTS ............ ...'''''' ~000.
-1-
PRINCIPAL ACCOUNT
Credit~
Accountants ask Credit for the following amounts paid
out in the Settlement and Administration of decedent's
estate as follows, to wit:
2002~
1/25
1/23
1/26
1/29
2/27
2/27
2/27
3/~
3/4
3/~1
3/21
/1
/1
/15
/29
4/30
4130
5I~
5I~
5116
5/~4
5/2~
6113
6/17
Myers Funderal Home, funeral expenses. $
West Shore Emergency'.Ambulance, amb~9~c~ ~ervice.
United Water Pennsylvania, January EOUE water.
Charlotte Barrick, funeral luncheon.
Register of Wills of Cumberland County Pennsylvania,
Letters Testamentary.
Cumberland Law Journal, Estate Notice.
Lester W. Erb, Inc., heating fuel.
S. H. Black & Sons, snow removal.
Myers Funeral Home, funeral spray.
A.T. & T., February 2002 Long Distance service.
United Water Pennsylvania, February 2002 water.
Verizon, February 2002 telephone.
PPL Electric Utilities, February 2002 electric.
The Sentinel, Estate Notice.
United Water Pennsylvania, March 2002 electric.
Barry L. Heckard, Sr. Tax Collector, 2002 County
and Borough Taxes.
PPL Electric Utilities, March 2002 electric. ~
Verizon, March 2002 telephone.
Whitcomb Tax Service, preparing 2001 Income Tax
Retu~.ns.
C. W. Fritz, furnace repairs.
James Gingrich Memorials, Letterins Cemetery
Monument.
Borough of Mechanicsburg, 2nd Quarter sewer and
Refuse charges.
United Water Pennsylvania, April 2002 water.
Verizon, April 2002 telephone.
Marie A. Rupp, preparing for sale.
Viola M. Burke, Preparing for sale.
PPL Electric Utilities, April 2002 electric.
Chuck Bricker, Auctioneer, labor for sale, sale
Bills and Auctioneer's commission.
Mary Hating, hauling trash.
One Beason, Homeowners Insurance premium.
United Water Pennsylvania, May 2002 water.
Myers Funeral Home, death certificates.
A. T. & T., long distance service.
PPL Electric Utilities, May 2002 electric.
Claremont NUrsing & Rebabilation Center, room
boad and care.
10,031.00
B8.95
15.01
100.00
258.00
75.oo
lOi.64
37.1o
158~oo
i0.8~
22.49
27.13
lOO.~
,6.
311,61
25.65
22.49
85,°?
104,28
75.00
65.20
6.61
22.~8
100~00
100~00
1,65o.oo
120.00
3~6.oo
-~o.61
12.00
1.60
2,527 .o5
6/7
617.
6/14
6/27
6~27
6127
6/27
6127
7/8
7/8
S H. Black & Son, Ino,, lawn care,
.
Linda A. RURR, lawn care.
Oen~y ~1 Pi~oione~t Real~y, ~nO~
sales commission.
Oentury 21 Piscioneri Realty, Inc., transaction
fee.
Recorder of Deeds, real estate transfer
Penn Pest, Inc., termite treatment,
Purity Abstract Oompany, paid towaPd
settlement costS, .
PPL Electric Utilities, final elec~C c~A~ge~ .
U. S, Treasury~ return of Feb~a~ ~00~
S. H. Black & Son, final bill fop 1~%~t
United Water Pennsylvania, final
Register of Wills, Agent, PennaylVallt~
Register of Wills~ filing Inventroy a~d
vania Inheritance Tax Ret~n,
Reserved to filing FirSt and Final
Marie A, RUpp, Executrix CommisSion',
Viela M. Burke, Executrix Commiaaien~
J.'Robert Stauffer, Attorne~!'~ ~e~
0ash, reserved to preparation.of Final
income Tax Returns and conti~ge~eiaa,
- 8~o, O0 :;-
,/
SUMMARY
Principal Account
Debits $ 138, O00.k7
Oredits ~ $
,.~,~,.... HANDS OF ACCOUNTANTS FOR DIBTRIBUTIOAI~ ~ ~ ~ ~ ~ ~ ·
BALANCE
~ "' 'i, ~ .'~-.
-3-
SCNCDU~?. OF PROPOSED DISTRIBUTION
Suggestion is made that the balance in hands of Accountant~~
for Distribution, to wit, the sum of $1~3,361.78 be distributed
partly in Kind and partly in Cash, as follows:
In Kind, to Marie A. Rupp and Viola M. Burke~ the proceeds
of Annuity Contract No. A20697~ with Met Life Investors through
PNC Brokerage Account No. 77313064, totaling the sum of $50,641.[~1,
share and share alike.
The balance of said funds, to wit, the sum of $92,720.37
be made in Cash to decedent's three (3) residuary legatees in
equal shares, in accordance with item "2." of deoedentts Las~
Will and Testament and therefore Distribution is proposed as
follows:
In Cash to MARIE A.
In Cash to BETTY J. FARENCE.,.........,
30,906.79
30,906.79
$ 92,.T~0'37
-4-
COMMONWEALTH OF PENNSYLVANIA )
)ss:
COUNTT OF CUMBERLAND )
vPe ublic,Yin and for said Commonwealth and County, MARIE A~
Notar~ ~sonall appeared before me, the undersigned officer, a
RUPP and VIOLA M. BURKE, Executrices of the Last Will and Testament
of RUTH B. FARENCE, late of the Borough of Mechanicsburg~ County
of Cumberland and State of Pennsylvania, deceased, who being dUl~
sworn according to law, deposes and states, that they are the
Accountants in the annexed Account and that said Account is true
and correct to the best of their knowledge, information and belief
and that there are no unpaid creditors to be notified of this
Account and that the day of proposed decree of confirmation has
been given to all parties who have an interest in the estate as
beneficiaries and deponents further aver that the foregoing
Schedule of Proposed Distribution of the net assets of the estate
of RUTH B. FARENCE, deceased, is true and correct and is made in
accordance with the provisions of said decedenTM Last Will and
Testament and the laws of the Co~,~onwealth of Pennsylvania,
applicable thereto ·
Marie A. Rupp
Viola M. Burke
Sworn and subscribed b'efore me
th~s /~ day of October 2002.
Notary Public
-5-
LAW OFFICES
SNELBAKER,
BRENNEMAN
8{ SPARE
INRE:
ESTATE OF RUTH B. FARENCE,
Late of the Borough of Mechanicsburg,
Cumberland County, Pennsylvania,
Deceased
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
: ESTATE NO: 2002 - 00101
OBJECTIONS TO THE FIRST AND FINAL ACCOUNT AND
SCHEDULE OF PROPOSED DISTRIBUTION (AS AMENDED)
OF MARIE A. RUPP AND VIOLA M. BURKE, EXECUTRICES
AND NOW, comes BETTY J. FARENCE, by her attorneys, Snelbaker, Brenneman &
Spare, P.C., and objects to the pending First and Final Account and Schedule of Proposed
Distribution (as amended) of Marie A. Rupp and Viola M. Burke, Co-executrices of the Estate
and under the Last Will and Testament of Ruth B. Farence, Deceased, as follows:
BACKGROUND
1. The Objector is BETTY J. FARENCE, an adult individual, who resides at 26 East
Ridgeway Drive, Mechanicsburg, PA 17050.
2. The Decedent herein is RUTH B. FARENCE, late of the Borough of
Mechanicsburg, Cumberland County, Pennsylvania, who died on January 23, 2002.
3. The Decedent left a Last Will and Testament dated January 24, 1995, a copy of
which is attached hereto marked "Exhibit A".
4. Objector is a named beneficiary in said Will.
5. The Decedent's Will was admitted to probate in the Office of the Register of
Wills in and for Cumberland County, Pennsylvania, and Letters Testamentary were issued to
MARIE A. RUPP and VIOLA M. BURKE, hereinafter called "Executrices".
LAW OFFICES
SNELbakER,
BRENNEMAN
& SPAre
6. On or about October 18, 2002, the Executrices filed with the Register of Wills of
Cumberland County, Pennsylvania, their First and Final Account of their administration which
included the admission of the following item as an asset of the Estate under the heading of
"Principal Account, Debits":
Annuity Contract No. A2069744 with Metlife Investors,
USA, through PNC Brokerage Account No. 77313064,
having Marie A. Rupp and Viola M. Burke as designated
beneficiaries -- $50,641.41.
7. Accompanying said Account was a Schedule of Proposed Distribution in which
the proceeds from the above-referenced Annuity were proposed to be awarded "in kind" to Marie
A. Rupp and Viola M. Burke in the total amount of $50,641.41, share and share alike. Cash
totaling $92,720.37 was proposed to be distributed equally among Marie A. Rupp, Viola M.
Burke and Betty J. Farence (Objector), each to receive $30,906.79.
8. Subsequent to Objector's informal objection to the foregoing Account and
Schedule, without leave of court or Objector's consent, the Executrices amended said Account
and Schedule on or about November 13, 2002, by deleting all references to the Annuity, leaving
only the cash of $92,720.37 for distribution.
9. The source of the money funding the Annuity was cash owned by Decedent and
held in a form of bank savings deposits.
10. Decedent frequently identified said money as being part of her eventual
distribution and so informed Objector.
11. On or about June 27, 2001, Made A. Rupp, caused the above-referenced cash
-2-
LAW OFFICES
Snelbaker.
BrENNEMaN
& Spare
deposits to be terminated and invested the proceeds thereof in the above-referenced Annuity.
12. The diversion and investment of funds as averred above was contrary to
Decedent's frequently expressed intention to have all her assets subject to the testamentary
directives of her Will and the actions of Marie A. Rupp as averred were in derogation of said
expressed intention
13. The Executrices included the Annuity in their gross estate on their PennsYlvania
Inheritance Tax Return and paid the tax attributable to said asset from personal Estate funds.
OBJECTIONS
14. Objector objects to the exclusion of the Annuity proceeds ($50,641.41) from the
distributable assets of the Estate and her consequent exclusion to a one-third share thereof in
accordance with Decedent's Will on the following alternative bases:
A. The action of Marie A. Rupp in her individual capacity improperly
diverted Decedent's individually held cash (which would otherwise have been
automatically included in Decedent's residuary Estate) into the above-mentioned Annuity
for the benefit of herself and Viola M. Burke and to the exclusion of Objector, was
without Decedent's express consent or direction; and/or
B. The diversion and investment of funds as averred hereinabove was not
within any representative or agency authority which may have been otherwise given by
Decedent to Marie A. Rupp; and/or
C. To the extent that Marie A. Rupp may assert authority or direction from
-3-
LAW OFFICES
SNELBaKEr.
BrEnNEMaN
& SPAre
Decedent for such change of assets (as averred above), it is averred that Decedent
suffered from a diminished intellect and would be subject to the undue influence of Marie
A. Rupp who stood in a confidential relationship with Decedent.
15. Objector further objects on the following grounds:
A. The Executrices' Account wrongly charges the estate and residuary
beneficiaries with payment of Pennsylvania Inheritance Tax on the Annuity if the
Annuity is not a probate estate asset as apparently belatedly contended by Executrices'
submission of an Amended Account and Schedule of Proposed Distribution.
B. Executrices' submission of a different Account and Schedule of Proposed
Distribution without leave of court or Objector's consent less than thirty (30) days prior
to presentation to the Court is wrong and should be stricken.
WHEREFORE, Objector respectfully requests the Court to order and direct that
(1) The proceeds of the Annuity be added into and included in the net
distributable estate for a total distributable amount of $143,361.78; and
(2) Said net distributable Estate be divided into three (3) equal parts of
$47,787.26 each; and
(3) Said three parts be distributed as follows:
(a) To: Marie A. Rupp $47,787.26
(b) To: Viola M. Burke $47,787.26
(c) To: Betty J. Farence $47,787.26; and
-4-
1AW OFFICES
SNeLBakEr.
BrennEmaN
& SPare
Dated:
(4)
proceeding;
(5)
Distribution;
Objector be reimbursed her costs and expenses incurred in this
Strike the last version of the Account and Schedule of Proposed
(6) Direct Executrices to revise their Accounting and Schedule of Proposed
Distribution to remedy the errors cited in the foregoing Objections; and
(7) Such other relief as is just and proper.
SNELB~/~EMAN & SPARE, P.C.
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Objector
November 25, 2002
-5-
LAST WILL A?.D TESTAMENT OF RUT}{ B. FARENCE
I, RUTH B. FARENCE, of the Borough of Mechanicsburg,
County of Cumberland and State of Pennsylvania, being of sound
and disposing mind, memory and understanding, do make, publish
and declare this my Last Will and Testament, hereby revoking and
m~king void any and all prior Wills by me at any time heretofore
I direct the payment of all my Just debts and funeral
expenses as soon after my decease as the same can be conveniently
done.
I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed, whatsoever
and wheresoever the same may be situate, to my daughter, MARIE
A. RUPP, my daughter, VIOLA M. BUR~, and to my daughter-in-law,
BETTY J. FARENCE, share and share alike, per sttrpes.
LASTLY, I nominate, constitute and appoint my two (2)
daughters, 1.'DiRIE A. RUPP and VIOLA M. BURKE, Co-Executrices of
this my Last Will and Testament, and direct that they be excused
from posting bond or other security for the faithful performance
of their duties in any Jurisdiction.
EXHIBIT A
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this [% ~/ day of January, A. D., 1995.
Ruth B. Farence
(SEA )
Signed, sealed, published and declared by the above
named, RUTH B. FARENCE, as and for her Last Will and Testament,
in the presence of us, who have subscribed our names hereto as
witnesses, at the request of said testatrix, in her presence and
in the presence of each other.
EXHIBIT A
COMMONWEALTH OF PENNSYLVANIA )
:
COUNTY OF CUMBERLAND )
SS.
I, RUTH B. FARENCE , the testat rix
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 and Testament;
that I signed it willingly; and that I signed it as my free and volun-
tary act and deed, for the purposes therein contained.
Sworn and affirmed to and acknowledged before me by
RUTH B. ?AREiqCE , the testatrix , this ~7~-~
day of January , A. D., 199~.
COPtMONWEALTH OF PENNSYLVANIA )
:
COUNTY OF CUMBERLAND )
SS.
We, the undersigned, J. ROBERT STAUFFER
and ERIKA L, LEVEN~IAGEI,I , the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the
testat rix , RUTtt B. FARENCE , sign and exe-
cute the instrument as ~/her Last Will and Testament; that the
said testatrix , RUTH B. FARE}~CE , executed it as
~/her free and volunt~ ~c~ ~ ~ ~rposes 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 o~r knowledge, the
testat ~ was, at the time, eighteen (18) or more years of age,
of sound mind, and under no constraint, duress or undue influence.
rW,%', ~'., , - "7~
Sworn and s~bscribed to befo ':' ,',~
me this ~~ day of ~' ~~"' "' ~' ~ ~ ' , ./
January I ,~ ~ ~':~.,. ~. ~
- 1
E~IBIT A
LAW OFFICES
SNELBAKER.
BrENNEMAn
& SParE
VERIFICATION
I, Betty J. Farence, Objector in the foregoing document, do hereby verify that the facts
stated therein within my personal knowledge are true and correct, and that, as to facts supplied
on information from others, I believe them to be true and correct. I understand that any false
statements hereinabove are subject to the penalties prescribed in 18 Pa. C.S. § 4904 relating to
unswom falsification to authorities.
Dated: November ~,~ ~ ,2002
Objector
LAW OFFICES
SNELBAkEr.
BrENNEMaN
& SPARE
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a tree copy of the within Objections to the First
and Final Account and Schedule of Proposed Distribution (as amended) of Marie A. Rupp and
Viola M. Burke, Executrices, upon the Attorney for the Estate of Ruth B. Farence and the
Executrices by sending the same by first-class mail postage paid addressed as follows:
Dated: November
J. Robert Stauffer, Esquire
Main and Market Streets
Mechanicsburg, PA 17055
~,~._x"----'"~Richard C Snelbaker, Esquire
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
Attomeys for Objector
,2002
IN RE: Estate of Ruth B. Farence
IN THE COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-2002-00101
RULE
WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your
proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a
session of the said Court there to be held, for the County of Cumberland to show cause why Marie A.
Rupp and Viola M. Burke, Co-Execturices of the Estate of Ruth B. Farence, should not be granted leave to
file the Amended Response to Objections to First and Final Account and Proposed Schedule of
Distribution attached hereto as Exhibit 'A'.
Rule returnable 20 days after service.
Witness my hand an official seal of office at Carlisle, Pennsylvania, this 29th day of August, 2003.
Cmberland Co~, Carlisle, PA
My Co~ssion Exp~cs on ~c 1~ Monday
Janus, 2006
AUG /2003
IN RE: :
ESTATE OF RUTH B. FARENCE :
Late of the Borough of Mechanicsburg:
Cumberland County, Pennsylvania :
Deceased :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO: 2002-00101
--'' I/_~.Estate
AND NOW, this the~__~ day of~, 2003 upon Motion of Marie A.
Rupp and Viola M. Burke, Co-Executrices of the of Ruth B. Farence, a Rule is hereby
issued upon Objector, Betty J. Farence, to show cause why Marie A. Rupp and Viola M. Burke,
Co-Executrices of the Estate of Ruth B. Farence, should not be granted leave to file the Amended
Response to Objections to First and Final Account and Proposed Schedule of Distribution
attached hereto as Exhibit 'A'.
Rule returnable
days after serVice.
:332666 _1
IN RE: :
ESTATE OF RUTH B. FARENCE :
Late of the Borough of Mechanicsburg:
Cumberland County, Pennsylvania :
Deceased :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO: 2002-00101
MOTION FOR LEAVE OF COURT
TO FILE AN AMENDED RESPONSE TO THE
OBJECTIONS TO FIRST AND FINAL ACCOUNT
AND PROPOSED SCHEDULE OF DISTRIBUTION
FILED BY BETTY J. FARENCE
AND NOW, come Marie A. Rupp and Viola M. Burke, Co-Executrices of the Estate of
Ruth B. Farence, by and through their counsel, METTE, EVANS & WOODSIDE, and move this
Honorable Court for leave to file an Amended Response to Objections to First and Final Account
filed by Objector, Betty J. Farence, and in support thereof aver as follows:
1. Ruth B. Farence died on January 23, 2002 leaving a Last Will and Testament
dated January 24, 1995.
2. In accordance with the Last Will and Testament, Letters Testamentary were
issued to Made A. Rupp and Viola M. Burke, hereinafter referred to as "Co-
Executrices".
3. On or about October 18, 2002, the Co-Executrices filed a First and Final Account
of their administration of the Estate of Ruth B. Farence.
4. The First and Final Account filed on or about October 18, 2002 erroneously
included, as a non-probate asset, an Annuity Contract No. A2069744 with
MetLife Investors, USA, which designates Made A. Rupp and Viola M. Burke as
o
o
°
o
beneficiaries, and is in the amount of $50,641.4 I; hereinafter referred to as "the
Annuity".
The Co-Executrices amended said Account and Schedule on or about November
13, 2002 to remove the Annuity from the probate assets in the Estate.
On or about November 25, 2002, Betty J. Farence, hereinafter referred to as "the
Objector", filed Objections to the First and Final Account and Schedule of
Proposed Distribution (As Amended) of Marie A. Rupp and Viola M. Burke,
Executrices, hereinafter referred to as "Objections".
In her Objections, Betty J. Farence argues, inter alia, that the Co-Executrices
wrongfully included the value of the Annuity in the Gross Estate on the
Pennsylvania Inheritance Tax Return filed by them, and paid tax attributable to
the Annuity from Estate funds.
On December 24, 2002, the Co-Executrices filed a Response to Objections to
First and Final Account.
In their Response to Objections to First and Final Account, the Co-Executrices
acknowledge, inter alia, that the Annuity should not have been included in the
probate assets of the Estate and that Pennsylvania Inheritance Tax on the Annuity
should not have been forwarded to the Department of Revenue from Estate funds.
The Co-Executrices did not, however, file an Amended Proposed Schedule of
Distribution. Accordingly, the Co-Executrices now seek leave of this Honorable
Court to file an Amended Response to Objections to First and Final Account with
10.
11.
12.
an Amended Proposed Schedule of Distribution, reflecting the subtraction of
$50,641.41 from the value of the Gross Estate, to account for the value of the
Annuity that was inadvertently included in the Gross Estate.
Because tax on the Annuity in the amount of $2,278.86 is owed only by Marie A.
Rupp and Viola M. Burke in their capacities as beneficiaries of the Annuity, their
distributions from the Estate should be reduced accordingly. The Amended
Proposed Schedule of Distribution reflects a total deduction in the amount of
$2,278.86 from the distributions to Marie A. Rupp and Viola M. Burke for taxes
inadvertently paid out of Estate funds.
The Amended Proposed Schedule of Distribution addresses the Co-Executors'
inadvertent inclusion of the Annuity as a probate asset and the Co-Executrices
now ask leave of this Honorable Court to file the Amended Response to
Objections to First and Final Account, which includes the Amended Proposed
Schedule of Distribution. A copy of the proposed Amended Response to
Objections to First and Final Account with the Amended Proposed Schedule of
Distribution is attached hereto for this Court's reference as Exhibit 'A'.
The undersigned counsel represent that they have spoken with counsel for Betty J.
Farence and that Richard C. Snelbaker, Esquire of Snelbaker, Brenneman & Spare
cannot concur in the instant motion, at this time, because he is unable to reach his
client for consultation in the time-frame requested by the Co~Executrices.
3
WHEREFORE, the Co-Executrices respectfully move this Honorable Court for leave to
file the Amended Response to Objections to First and Final Account and Amended Proposed
Schedule of Distribution and request that a Rule be issued to the Objector to show cause why the
Co-Executrices should not be granted leave to file the Amended Response to First and Final
Account and Amended Proposed Schedule of Distribution.
Respectfully submitted,
METTE, EVANS & WOODSIDE
Dated: August 21, 2003
David A. Fitzsimons, Esquire
Sup. Ct. I.D.//41722
Ronald L. Finck, Esquire
Sup. Ct. I.D.//89985
3401 North Front Street
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Co-Executrices
4
VERIFICATION
I, Marie A. Rupp, Co-Executrix in the foregoing document, do hereby verify that the facts
stated therein, within my personal knowledge, are true and correct, and that, as to facts supplied on
information from others, I believe them to be tree and correct. I understand that any false statements
hereinabove are subject to the penalties prescribed in 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities.
Dated:
Marie A. Rupp
Co-Executrix
:334030 _1
IN RE: :
ESTATE OF RUTH B. FARENCE :
Late of the Borough of Mechanicsburg:
Cumberland County, Pennsylvania :
Deceased :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO: 2002-00101
AMENDED RESPONSE TO OBJECTIONS TO FIRST AND FINAL ACCOUNT AND
AMENDED PROPOSED SCHEDULE OF DISTRIBUTION
AND NOW, come Marie A. Rupp and Viola M. Burke, Co-Executrices of the Estate of Ruth
B. Farence, by and through their counsel, METTE, EVANS & WOODSIDE, and respond to the
Objections filed by Betty J. Farence as follows:
BACKGROUND
1-5. Admitted
o
Admitted in part and denied in part. It is admitted only that the First and Final
Account filed on or about October 18, 2002 included, as an asset of the Estate, the
MetLife Investors, USA Annuity Contract which designated Marie A. Rupp and
Viola M. Burke as designated beneficiaries. Any inference in Paragraph 6 of the
Objections or the remainder of the Objections that the funds identified therein are
properly part of the Estate and partially distributable to the Objector are denied.
On the contrary, this amount was inadvertently included within the inventory and
is in fact a non-probate item.
Admitted in part and denied in part. It is admitted only that the First and Final
Account filed on or about October 18, 2002 included, as an asset of the Estate, the
MetLife Investors, USA Annuity Contract which designated Marie A. Rupp and
Viola M. Burke as designated beneficiaries. It is also admitted that the correct
cash value of the Estate is $92,720.37. The amount of $50,641.41 was
inadvertently included within the inventory and is in fact a non-probate item. By
way of further averment, the Amended Proposed Schedule of Distribution
attached hereto as Exhibit 'A' and incorporated by reference, reflects that Marie
A. Rupp's and Viola M. Burke's distributions have been reduced in the total
amount of $2,278.86 to account for tax inadvertently paid on the Annuity out of
Estate funds. Betty J. Farence's distribution has increased to $31,666.41 as a
result of the exclusion of the value of the Annuity from the Estate account.
o
o
10.
11.
12.
13.
Denied. The averments of Paragraph 8 are conclusions of law to which no
response is required by the Pennsylvania Rules of Civil Procedure. To the extent
a response is deemed required, it is admitted only that the Co-Executrices have
amended the distribution schedule to confirm the correct amount for distribution
from the Estate at $92,720.37. The Amended Proposed Schedule of Distribution
is attached as Exhibit 'A'.
Denied. The averments of Paragraph 9 are conclusions of law to which no
response is required by the Pennsylvania Rules of Civil Procedure. To the extent
a response is deemed required, any inference in Paragraph 9 that cash owned by
the Decedent was used to fund the Annuity after her death is denied. On the
contrary, the Annuity was in place to the benefit of the Decedent at the time of her
death and Marie A. Rupp and Viola M. Burke were properly designated as
beneficiaries at the direction of the Decedent, under the Annuity.
Denied. The averments of Paragraph 10 are conclusions of law to which no
response is required by the Pennsylvania Rules of Civil Procedure. To the extent
a response is deemed required, it is denied that the Decedent "frequently identified
said money as being part of her eventual distribution." To the contrary, the
Decedent instructed her daughter that the proceeds of a maturing certificate of
deposit were to be utilized to purchase an annuity for the Decedent's use during
her lifetime with the Decedent's two surviving children, Co-Executrices Marie A.
Rupp and Viola M. Burke, to be designated as beneficiaries.
Admitted in part and denied in part. It is admitted only that Marie A. Rupp,
utilizing a duly executed and appropriate Power of Attorney, undertook to follow
the instructions and wishes of her mother. Any inference that the resulting action
was taken without authorization is denied.
Denied. The averments of Paragraph 12 are conclusions of law to which no
response is required by the Pennsylvania Rules of Civil Procedure. To the extent
that a response is required, on the contrary, the Decedent expressed her intention
and directed her daughter to undertake the action of obtaining the Annuity with
her two surviving children to be designated as beneficiaries.
Admitted. By way of further response, the Co-Executrices have subtracted the tax
paid to the Pennsylvania Department of Revenue attibutable to the Annuity in the
total amount of $2,278.86 from their personal distributions as Beneficiaries of the
Estate of Ruth B. Farence as reflected on Exhibit 'A'.
2
IN RE: :
ESTATE OF RUTH B. FARENCE :
Late of the Borough of Mechanicsburg:
Cumberland County, Pennsylvania :
Deceased :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO: 2002-00101
AMENDED PROPOSED SCHEDULE OF DISTRIBUTION
Principal Balance on Hand (per accounting)
Less: Annuity Contract - non probate asset
included in error
Plus: Pennsylvania inheritance tax paid from
estate funds on annuity in error
Total which should be available for distribution
To:
Marie A. Rupp (1/3 heir)
Less ½ of PA inheritance
tax on accounting
$31,666.41
(1,139.43)
Viola M. Burke (1/3 heir)
Less ½ of PA inheritance
tax on accounting
$31,666.41
(I,139.43)
Betty J. Farence (1/3 heir)
$143,361.78
(50,641.41)
$ 92,720.37
2,278.86
$ 94,999.23
$30,526.98
$30,526.98
$31,666.41
Total of Actual Distributions
$92,720.37
Total of Actual Distribution = Principal Balance on Hand
Exhibit A
LAW OFFICES
SNELBaKER,
BreNNEMaN
& SPARE
ESTATE OF RUTH B. FARENCE, :
Late of the Borough of :
Mechanicsburg, Cumberland County:
Pennsylvania, Deceased :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Case No:
OBJECTOR'S RESPONSE TO CO-EXECUTORS' MOTION FOR LEAVE OF COURT
TO FILE AN AMENDED RESPONSE TO THE OBJECTIONS TO FIRST AND FINAl,
ACCOUNT AND PROPOSED SCHEDULE OF DISTRIBUTION FILED BY BETTY J.
FARENCE AND RULE TO SHOW CAUSE DATED AUGUST 28, 2003
AND NOW, comes Betty J. Farence ("Objector") by her attorneys, Snelbaker,
Brenneman & Spare, P.C., and responds to the above-referenced Motion and Rule as follows:
Based upon an understanding of counsel for the parties, Objector indicates that she has no
objections to the filing of the proposed Amended Response to Objections to First and Final
Account and Amended Proposed Schedule of Distribution as attached to the Motion, but that by
not objecting, Objector is not admitting and shall not be deemed to have admitted any averments
in the Motion and/or the proposed Amended Response to Objections.
SNELB~, BRE/.,NNEMAN & SPARE, P.C.
By ~i~53'~'~/~,~
~Rich""~'d C. Snelbaker, Esquire
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Objector, Betty J. Farence
Dated: September 16, 2003
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the foregoing
Objector's Response to Co-Executors' Motion for Leave of Court to File an Amended Response
to the Objections to First and Final Account and Proposed Schedule of Distribution Filed by
Betty ~. Farence and Rule to Show Cause Dated August 28, 2003, upon the attorneys for the Co-
Executrices/Accountants by sending the same by first-class mail postage paid addressed as
follows:
Dated:
David A. Fitzsimons, Esquire
Ronald L. Finck, Esquire
Mette, Evans & Woodside
3101 North Front Street
Harrisburg, PA 17110
Richard C. Snelbaker, Esquire
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
Attorneys for Objector, Betty J. Farance
September 16, 2003
LAW OFFICES
SNELBAKER,
BRENNEMAN
~ SPARE
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
DateofDeath: January 23, 2002
Will No.: 2002-00101
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 ['-] No []
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete: Mar ch .31, 2004
3. If the answer to No. 1 is Yes, state the following:
Did the personal representative file a final account with the Court?
Yes _ No [']
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 ['-] No [-]
Date: 12/17/0.3
Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk of the. Orphans' Court
and may be attached to thi~_rt.,~
J. Robert Stauffer
Name
Market Square Bldg.
Mechanicsburg, PA 17055
Address
717-766-9673
Telephone No.
Capacity: [-] Personal Representative
[X-] Counsel for personal representaUve
!
IN RE:
ESTATE OF RUTH B. FARENCE
Late of the Borough of Mechanicsburg
Cumberland County, Pennsylvania,
Deceased
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
: ESTATE NO: 2002-00101
RESPONSE TO OBJECTIONS TO FIRST AND FINAL ACCOUNT
AND NOW, come Marie A. Rupp and Viola M. Burke, Co-executrices of the Estate of Ruth
B. Farence by their counsel, Mette, Evans & Woodside, and respond to the objections as follows:
BACKGROUND
1-5. Admitted
6. Admitted in part and denied in part. It is admitted only that the First and Final
Account filed on or about October 18, 2002 included as an asset of the Estate the MetLife Invester's
USA Annuity Contract which designated Marie A. Rupp and Viola M. Burke as designated
beneficiaries. Any inference in Paragraph 6 of the Objections or the remainder of the Objections that
the funds identified therein are properly part of the Estate and partially distributable to the Objector
are denied. On the contrary, this amount was inadvertently included within the inventory and is in
fact a non-probate item.
7. Admitted in part and denied in part. It is admitted only that the First and Final
Account filed on or about October 18, 2002 included as an asset of the Estate the MetLife Invester's
USA Annuity Contract which designated Made A. Rupp and Viola M. Burke as designated
beneficiaries. It is also admitted that the correct cash value of the estate is $92,720.37. This account
and the amount of $50,641.41 was inadvertently included within the inventory and is fact a non-
probate item.
8. Denied. The averments of Paragraph 8 are conclusions of law to which no response
is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed
required, it is admitted only that the Executrices intend to amend and shall take appropriate steps to
correct the inadvertent inclusion of a non-probate item in the Estate, thereby confirming the correct
amount of distribution from the Estate at $92,720.37.
9. Denied. The averments of Paragraph 9 are conclusions of law to which no response
is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed
required, any inference in Paragraph 9 that cash owned by the decedent was used to fund the annuity
after her death is denied. On the contrary, the annuity was in place to the benefit of the decedent
at the time of her death and Marie A. Rupp and Viola M. Burke were properly designated as
beneficiaries at the direction of the Decedent, under the annuity.
10. Denied. The averments of Paragraph 10 are conclusions of law to which no response
is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed
required, it is denied the Decedent's "frequently identified said money as being part of her eventual
distribution". To the contrary, the Decedent instructed her daughter that the proceeds of a maturing
certificate of deposit were to be utilized to purchase an annuity for Decedent's use during her
lifetime with Decedent's two surviving children, Respondents Marie A. Rupp and Viola M. Burke
to be designated as beneficiaries.
11. Admitted in part and denied in part. It is admitted only that Made A. Rupp, utilizing
a duly executed and appropriate Power of Attorney undertook to follow the instructions and wishes
of her mother. Any inference that the resulting action was taken without authorization is denied.
12. Denied. The averments of Paragraph 12 are conclusions of law to which no response
is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required,
on the contrary, the Decedent expressed her intention and directed her daughter to undertake the
action of obtaining the annuity with her two surviving children to be designated as beneficiaries.
13. Admitted.
OBJECTIONS
14. Denied. The averments of Paragraph 14 are conclusions of law to which no response
is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required,
it is specifically denied that;
Made A. Rupp in her individual capacity improperly diverted Decedent's
individually held cash without Decedent's express consent or direction. To
the contrary, it was at the specific direction and in furtherance of the wishes
of the Decedent that the actions in purchasing the annuity and naming Made
A. Rupp and Viola M. Burke as the contingent beneficiaries was undertaken,
further;
this investment was without representative or agency authority. On the
contrary, Marie A. Rupp undertook the action of investing the funds as
directed by her mother and by properly utilizing a Power of Attorney; further,
the Decedent suffered from diminished intellect or was subject to undue
influence of Marie A. Rupp. On the contrary, decedent was not of
diminished intellect, and was under no circumstance unduly influenced by
her daughter.
15. Admitted. It is admitted that the Executrices' Account overlooked the inclusion of
non-probate assets in the Estate and that Pennsylvania Inheritance Tax on the annuity should not
have been forwarded to the Department of Revenue. Accordingly, the Executrices' intend to proceed
with amendment of the Account to address this oversight.
WHEREFORE, the Executrices respectfully request that this Court will dismiss the
Objections of the Objector.
Respectfully submitted,
David A. Fitzsimons, Esquire
Metre, Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110
(717) 232-5000
Attorneys for Executrices
Dated: December 24, 2002
VERIFICATION
I, Marie A. Rupp, Co-executrice in the foregoing document, do hereby verify that the facts
stated therein within my personal knowledge are tree and correct, and that, as to facts supplied on
information from others, I believe them to be tree and correct. I understand that any false statements
hereinabove are subject to the penalties prescribed in 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities.
Dated: December ~20, 2002
Made A. Rupp
Co-executrice
:313312 _1
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class
postage, prepaid, as follows:
Richard C. Snelbaker, Esquire
SNELBAKER, BRENNEMAN & SPARE, P.C.
44 West Main Street
Mechanicsburg, PA 17055-0318
Dated: December 24, 2002
METTE, EVANS & WOODSIDE
David A. Fitzsimons, Esquire
I.D. No. 41722
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Defendants
:313918 _1
l ~ °3~- /
COMMONWEALTH OF PENNSYLVANIA
~,. BUREAU OF INDIVIDUAL Taxes DEPARTMENT OF REVENUE
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA v12s-D6a1 NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX REY-1547 ER AFP [01-02)
DATE 09-16-2002
ESTATE OF FARENCE RUTH B
DATE OF DEATH 01-23-2002
FILE NUMBER 21 02-0101
- COUNTY CUMBERLAND
J ROBERT STAUFFER ATTY ACN 101
MARKET SQ BLDG
Amount Remitted
1 W MAIN ST
MECHANICSBURG PA 17055
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
CUMBERLAND CO COURT H OUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS ~
-----------------------------------
-
--
------------------------------------------------------
REV-1547 EX AFP (01-02) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE --------------------
OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF FARENCE RUTH B FILE N0. 21 02-0101 ACN 101 DATE 09-16-2002
TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1) 88,000.00 NOTE: To insure proper
2. Stocks and Bonds (Schedule B) (2) .00 credit to your account,
3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 submit the upper portion
4. Mortgages/Notes Receivable (Schedule D) (4) .00 of this fore with your
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 50,128.35 tax payment.
6. Jointly Owned Property (Schedule F) (6) .00
7. Transfers (Schedule G) (7) 50 , 641 .41
s. Total Assets (g) 188,769.76
APPROVED DEDUCTIONS AND EXEMPTIONS:
9,
Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 38,601.58
(9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) .00
11. Total Deductions (11) 38.601 .58
12. Net Value of Tax Return (12) 150,168.18
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) .00
14. Net Value of Estate Subject to Tax (14) 150, 168.18
NOTE: If an assessment was issued previously, lines 14, 15 andior 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15) .0 0 X 00 _ .00
16. Amount of Line 14 taxable at Lineal/Class A rate (16) 150, 168.18 X 045 . 6, 757.57
17. Amount of Line 14 at Sibling rate (17) .00 X 12 - .00
18. Amount of Line 14 taxable at Collateral/Class B rate (18) •00 X 15 - .00
19. Principal Tax Due (lq)= 6,757.57
TOY CQFf1TTC•
DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID
08-06-2002 CD001484 .00 6,757.57
TOTAL TAX CREDIT 6,757.57
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REpUIRED.
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 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 8 (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: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 200D. (72 P.S.
Section 9140).
PAYMENT: 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 HILLS, AGENT
REFUND (CR): 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 Hills, any of the 23 Revenue District Offices, ar by calling the special 24-hour
answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and / or
speaking needs: 1-800-447-3020 (TT only).
OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, ar assessment
of tax (including discount ar interest) as shown an this Notice must abject within sixty (60) days of receipt of
this 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.
ADMIN-
ISTRATIVE
CORRECTIONS: 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-1501) for an explanation of administratively correctable errors.
DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%7 discount of
the tax paid is allowed.
PENALTY: The 15% tax amnesty non-participaticn 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 keen assessed as indicated on this notice.
INTEREST: Interest is charged beginning with first day of delinquency, or nine (9l 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 (6%) 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 2002 are:
Year Interest Rate Daily Interest Factor Year Interest Rate Daily Interest Factor
1982 20% .000548 1992 9% .000247
1983 16% .000438 1993-1994 7% .000192
1984 11% .000301 1995-1998 9% .000247
1985 13% .000356 1999 7% .000142
1986 10% .000274 2000 8% .000219
1987 9% .000247 2001 9% .000247
1988-1991 11% .D00301 2002 6% .000164
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NUliBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
r7
~=~ --Any Notice issued after the tax becomes delinquent will
beyond the date of the assessment. If payment is made
Notice, additional interest must be calculated. reflect an interest calculation to fifteen (15) days
after the interest computation date shown on the
.
Register of Wills of Cumberland County
STATUS REPORT UNDER RULE 6.12
Name of Decedent: TnTTH B. F'ARENCE
Date of Death: January 21. 2002
Estate No.:
2002-00101
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 l!l No 0
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. Ifthe answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes JZl No 0
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 0 No 0
c. Copies of receipts, releases, joinders and approval of formal or informal
accounts may be filed with the Cl k of the Orphans' Court and may be
attached to this report.
Date: February), 2005
P
J. Rohert stauffer
Name
Harket Square Bldg.
Mechanicsburg, PA 17055
Address
c')
"')
c.)
-,--,
717-766-9673
Telephone No,
f',,,)
c:.:::.
Capacity: 0 Personal Representative
JZl Counsel for personal representative
~
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 2/01/2005
STAUFFER J ROBERT
MARKET SQUARE BUILDING
MECHANICSBURG, PA 17055
RE: Estate of FARENCE RUTH B
File Number: 2002-00101
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July I, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 1/23/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
~