HomeMy WebLinkAbout03-0748Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Martha Ann Mooney No.~I- 05--114'8
also known as
, Deceased Social Security No. 166-48-8861
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
r~ Decedent, dated 1/25/1992 and codicil(s) dated
\*
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not.have a child bom or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite. durante absentia; durante minodtate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs: '
Name Relationship Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~
Decedent was domiciled at death in Cumber]and County, Pennsylvania, with his/her last family or principal
residence at 661 Mud Level Road? Southampton Township? Shippensburg~ PA 17257
(list street, number and municipality)
Decedent, then 48 years of age, died August 23 ,2003 , at Chambersburg Hospital
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property ......................................... $
(if not domiciled in PA) Personal property in Pennsylvania .................... $
(If not domiciled in PA) Personal property in County .............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total ..................................................................................................................... $ 0.00
Real Estate situated as follows:
\*
Wherefore, Petitioner(s~r.p, AQActfully request(s) the
thefppro.~te form ? the unsigned: probate of the Last Will and Codicil(s)presented with this Petition and the grant of letters in
JJ //" (1 ,~ g~ature Typed or pdnted name and residence
A. Lindsav Rowlan& 72 Derbyshire Drive, Carlisle: PA 17013
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and/affirm~-) that the ~in the foregoing Petition are true
and correct to the best of the knowledge and belief of Pe~itioner/(~ and that, las pers~dal representative(s) of the Decedent,
Petiti°ner(s) will well and truly administer the estate ac?trd, i~ I. aw'
Sworn to and affirmed and subscribed A. i~S'A~R;WL~AN.D~- --
be~,e me this I 0 ~ ___ day of " k~ ~
DECREE OF REGISTER
Estate of Martha Ann Moone¥
also known as
Deceased
No..~1- O.g- "}q~
Social Security No: 166-48-8861 Date of Death: 8/23/2003
AND NOW, ,~~0q lc2,,,. ,~ , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [~ Testamentary {~ of Administration
(c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoritate)
are hereby granted to \*A. Lindsay. Rowland
in the above estate and that the instrument(s), if any, dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ....................................
Short Certificate(s) ............... $
Renunciation .......................... $
Affidavit ( ) ....................... $
Extra Pages( ta ) .............. $
Codicil ................................. $
JCP Fee ................................. $
Inventory & Tax Forms ............. $
Other ...................................... $
$ 18.0o
~o. oo
/0. oo
TOTAL ............................. $ ~
RW-7A
,e,~.terofW~l~ O O U
Attorney
Attorney: HAM[LTON C. DAVIS
I.D. No: 10264
Address: P.O. BOX 40
SHIPPENSBURG PA 17257
Telephone: 532-5713
DATE FILED:
his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
P 94.49924
No.
Local Registrar
Date
H105.143 Rev. 2/87
TYPE/PRINT
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
'- Martha Ann Mooney '- Female 3. 166-- 48 -- 8861 4. 08/23/2003
~. Franklin^OE<L'~B'~)J uNOe"'~I UNDER 1 D~ I DATE OF BIRTH '~ IGN~ ~ ~H{C~k~-- .........
s. 48 v~' ~ ; ~.02/11/1955 ~ g' I". ~
k. Chambersburg ~. Chambersburq Hospital ~'~'"=' ,0. ~ite
~T'S~~,~.~.~.Z~ ~'s Pennsylvania ,~c.~ ~ ~ Southampton
661 Mud Level Road ~mm~
,L Shippensburg~ PA 17257 ,~) 'm-~ C~berland ~ ,~,.~
~LSteward M. Mooney ~,~. Marion B. Gilbert
.~. ~..~' ~nd~ay Rowland 1~72 DerbTsh~ro Dr~vo~ Carl~slo~ P~ ~7013
~ ~ ~j ~, ....... j ~ranK~n co.
~. jj~, uo/zo/zuu~ J~ Salem Cemetery Ja~, Greene Twp ~ PA 17201
J~ ~ ~ ~ I I ,
J~ ~. ~s~
~ fC~ ~ ~) , ~N~RE ~~ TITm ~ ~,~' TIT
.... (.~.~ ...... ~,. ..................................................... ~ .,.
C
I
~;~//~
'MEDICAL EXAMINER/CORONER
.o,,~,,,,,:, ."":':,,",'~'~t ."'/."t'.%".":!/.~ ?,.:::,!?:,.,.o?:,.,~ .?. o.,?.?~,..: ::..,.,: .~:,.u~:: ..,. ,.,:~ ,.,.,,..~,. ?:: ."."¢. ?.".: 7...~..."?..~.:'.: 7.
L~ST WILL AND TESTAMENT
I, MARTHA ANN MOONEY of Southampton Township, Cumberland
County, Pennsylvania, declare this to be my Last Will and
Testament and revoke any will or codicil previously made by me.
ITEM I: I direct that all my just debts and funeral
expenses, including my gravemarker and all expenses of my last
illness, shall be paid from my residuary estate as soon as
practicable after my decease as a part of the administration of
my estate.
ITEM II: I devise and bequeath all of my estate of every
nature and wherever situate to my mother, MARION GILBERT MOONEY
providing she shall survive me by thirty days.
ITEM III: Should my mother, MARION GILBERT MOONEY,
predecease me or die on or before the thirtieth (30th) day
following my death, I devise and bequeath all of the residue of
my estate of every nature and wherever situate in equal shares
to such of my cousins, A. LINDSAY ROWLAND, SUSAN E. ROWLAND,
BARBARA R. FETZER and GEORGE A. ROWLAND, as are living on the
thirty-first (31st) day following my death.
ITEM IV: I direct that all taxes that may be assessed in
consequence of my death, of whatever nature and by whatever
jurisdiction imposed, shall be paid from my residuary estate as
part of the expenses of the administration of my estate.
ITEM V: I appoint my cousin, A. LINDSAY ROWLAND, Executor
of this my Last Will. Should he fail to qualify or cease to act
as Executor, I appoint my attorney, HAMILTON C. DAVIS, Executor
of this my Last Will.
ITEM VI: I direct that my Executor or guardian or their
successors shall not be required to give bond for the faithful
performance of their duties in any jurisdiction.
ITEM VII: Should any beneficiary under this Will,
including income or principal, including my spouse at any time
prior to distribution thereof become in my Executor's opinion,
disabled, then and in such event (hereinafter referred to as
"the Disability") all other authority and discretion for any and
all payments for the benefit of such disabled beneficiary
(hereinafter referred to as "the Beneficiary) shall cease and be
suspended and all questions concerning and payments for the
Beneficiary during his or her Disability shall and will be held
by my Executor as Special Trustee pursuant to the following:
A. During the existence of the beneficiary's disability,
no payments shall be made from this Trust of either income or
principal until Special Trustee shall have taken into
consideration all of the beneficiary's available other assets
2
and sources of income, including entitlement to benefits as
services from any local, state or federal government or agency
(or from any private agency).
B. During the existence of the beneficiary's disability,
all payments from this Trust which go to the benefit of the
beneficiary are to be direct payments to the person or entity
supplying goods or services to the beneficiary at the request of
the Special Trustee.
C. During the existence of the beneficiary's disability,
no portion of this trust, either income or principal, shall be
subject to anticipation, pledge, assignment or obligation of the
Beneficiary nor be subject to any reimbursement, execution,
attachment, levy or sequestration or any other claims of or
interference from the creditors of the Beneficiary or the estate
of Beneficiary or of anyone who may be obligated for the support
of Beneficiary, including any government or governmental agency
or private agency which has provided benefits or services to the
Beneficiary.
D. During the existence of beneficiary's disability (or
for so long as there exists any claim against Beneficiary for
reimbursement by any creditor), no portion of this Trust shall
be or be able to be used to provide basic food, clothing and
shelter for the Beneficiary (nor be able to be converted for
3
such items) but rather to provide the beneficiary with extra and
supplemental care, maintenance, comfort, happiness and education
in addition to and over and above his or her basic support. To
this end, the Special Trustee may provide such resources and
experiences as will contribute to and make the beneficiary's
life as pleasant, comfortable and happy as is feasible. Nothing
herein shall preclude the Special Trustee from purchasing those
services and items which promote the beneficiary's happiness,
welfare and development, including, but not limited to, vacation
and recreation trips away from places of residence, expenses for
traveling companions if requested or necessary, entertainment
expenses, supplemental medical and dental expenses, social
services expenses, transportation costs, private room, telephone
and television services, a mechanical bed, an electric
wheelchair, personal care services, and the like.
E. During the existence of the beneficiary's disability,
should the existence of this Trust disqualify the beneficiary
from eligibility for substantial governmental or private aid or
benefits or services or should any interest of the Beneficiary
hereunder (whether income or principal) while undistributed and
in the possession of the Special Trustee be subject to
attachment, execution, sequestration or reimbursement by any
creditor, assignee, subrogee or provider of aid, benefits or
4
services to or for the Beneficiary, then this Trust may, in the
discretion of the Special Trustee be terminated and the then
remaining principal and any accumulated and undistributed income
be distributed to those persons (other than the Beneficiary) who
would be entitled to the Beneficiary's share of my estate
pursuant to the provisions of ITEM III of this Will had the
Beneficiary predeceased me. This is because it is my intention
in executing this Trust to provide for the comfort and happiness
of the Beneficiary without interfering with, reducing or
disqualifying him or her from the aid, benefits or services he
or she would otherwise be entitled to and to
ultimate distributive shares for all of
beneficiaries.
F.
maximize the
my ultimate
Upon the cessation of the disability of the beneficiary
(if such cessation shall be considered
reasonable degree of medical certainty),
terminate and all principal and any
permanent with a
this Trust shall
accumulated and
undistributed income shall be distributed to the Beneficiary.
G. Upon the death of the Beneficiary this Trust shall
terminate and the assets shall be distributed to those persons
(other than the Beneficiary's estate) who would be entitled to
the Beneficiary's share of my estate pursuant to the provisions
of ITEM III of this Will had the Beneficiary predeceased me.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this
my Last Will and Testament, written on seven
paper, dated this ~- day of ~~y
(7) sheets of
, 199~
MARTHA ANN MOONEY
(SEAL)
The preceding instrument, consisting of this and six (6)
other typewritten pages, each identified by the signature of the
Testatrix, was on the day and date thereof signed, published and
declared by the Testatrix therein named, as and for her Last
Will, in the presence of us, who, at her request, in her
presence, and in the presence of each other have subscribed our
names as witnesses~ereto.
residing at J~ ~e/£~(~.~
6
COMMONWEALTH OF PENNSYLVANIA :
· SS.
COUNTY OF CUMBERLAND :
I, MARTHAANN MOONEY, the Testatrix whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; and that I signed it
willingly and as my free and voluntary act for the purposes
therein expressed.
MARTHA ANN MOONE~
(SEAL)
Sworn to or af$ir~d a~d ac.~now!edged
before me by .~d~_~_. ~4~/~, the
Tes~atrix~ this ,:,~'~-day of / ~
:
: SS.
We, ~/ ....~m r/~/~ and , , the
witness whose names are signed to the att~che~ or foregoing
instrument, being duly ~alified according to law, do depose and
say that we were present and saw the Testatrix sign and execute
the instrument as her ~st Will; that the Testatrix signed
willingly and executed it as her free and voluntary act for the
pu~oses therein expressed; that each subscribing witness in the
hearing and sight of the Testatrix signed the Will as a witness;
and that to the best of our ~owledge the Testatrix was at that
time eighteen (18) or more years of age and of sound mind and
under no constraint or
undue influence. ~~ ~~
Sworn to or affirmed and subscribed to
be~gre ~ b~ /--//~VI~i'/'I~ ~ ~/~j¢5~ and
~/~ ~,, ~~ ~ w~t~esses,
this ~dav ~f ~~ , 199~.
~-J 7
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Martha Ann Mooney
Date of Death: August 23, 2003
Will No.: 21-03-0748
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 November 26, 2003 ·
Name
A. Lindsay Rowland,
Susan E. Rowland,
George A. Rowland,
Barbara R. Fetzer,
Address
72 Derbyshire Drive, Carlisle, PA 17013
1223 W. Poplar, York, PA 17404
1436 Kirkwood Road, Harrisburg, PA 17110
2631 Puritan Court, Oak Hill, VA 20171
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except None
Date: 11/26/03 ~'~ t~ ~~~"
Nalne~
Address:
Telephone:
Capacity: __
Signature
Hamilton C. Davis, Esq.
P.O. Box 40
Shippensburg, PA 17257
717-532-5713
personal representative
X counsel for personal
representative
LAW OFFICES OF
ZULLINGER- DAVIS
PROFESSIONAL CORPORATION
JOEL R. ZULLINGER
14 North Main Street
Suite 200
Chambersburg, PA 17201
717-264-6029
Fax: 717-264-1884
zulngrlaw~supernet.com
Dale F. Shughart, Jr.
of counsel
HAMII,TON C. DAVIS
20 East Burd Street, Suite 6
P.O. Box 40
Shippensburg, PA 17257
717-532-5713
Fax: 717-530-5222
davislaw~supernet.com
May 19, 2004
Register of Wills
Cumberland County
One Courthouse Square
Carlisle, PA 17013
Estate of Martha Ann Mooney
Est. No. 21 03 0748
Dear Sir or Madam:
Enclosed herewith please find an inheritance tax return, filed in duplicate, and payment in
the amount of Three Thousand Six Hundred Seventy-Eight and 36/100 ($3,678.36), as paymem for
the above estate.
A check for filing fee in the amount of $15.00 is also enclosed
If there are any questions or concerns, please contact me at the Shippensburg office. Thank
yOU.
Sincerely,
Hamilton C. Davis
for Zullinger - Davis
Professional Corporation
HCD/njk
Enclosure
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.
REV-1162 EX(11-96)
CD 003976
DAVIS HAMILTON C
P O BOX 04O
SHIPPENSBURG, PA
17257-0040
........ fold
ESTATE INFORMATION: SSN: 166-48-8861
FILE NUMBER: 2103-0748
DECEDENT NAME: MOONEY MARTHA ANN
DATE OF PAYMENT: 05/25/2004
POSTMARK DATE: 05/24/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 08/23/2003
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $3,678.36
REMARKS:
TOTAL AMOUNT PAID'
$3,678.36
SEAL
CHECK# 103
INITIALS: JA
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
OEPT. 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
COUNIY CODE
03 0748
YEAR NUMBER
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INmAL) SOCIAL SECURITY NUMBER
~ Mooney, Martha Ann 166-48-8861
ut DATE OF DEATH (MM-DD-YEAR) t DATE OF BIRTH (MM~DD-YEAR)
CI THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
o 08/23/2003 02/1 l/1955
"' REGISTER OF Wll I .~
(IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
Z
[] 1. Original Return []
[] 4. Limited Estate []
[] 6. Decedent Died Testate (Attach copy []
of Will)
[] 9. Litigation Proceeds Received []
2. Supplemental Return
4a. Future Interest Compromise (date of death
after 12-12-82)
7. Decedent Maintained a Living Trust (Attach
copy of Trust)
10. Spousal Povedy Credit (date of death between
12-31-91 and 1-1-95)
[] 3. Remainder Return (date of death prior to 12-13-82)
[] 5. Federal Estate Tax Return Required
0 8. Total Number of Safe Deposit Boxes
[] 11.Election to tax under Sec. 9113(A) (Attach Sch O)
THIS SECTION MUST BE COMPLETED, ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHO~._ JLD BE DIRECTED TO:
~AME
Hamilton C. Davis
:IRM NAME (if applicable)
Zullinger - Davis, PC
'ELEPHONE NUMBER
7 ] 7/532-5713
COMPLETE MAILING ADDRESS
20 East Burd Street, Suite 6
P.O. Box 40
Shippensburg, PA 17257
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
[] Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
None
None
None
None
26,261.18
None
None
1,738.75
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(8)
26,261.18
1,738.75
24,522.43
24,522~43
(11)
(12)
(13)
(14)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax rate,
or transfers under Sec. 9116(a)(1.2)
x .00 (15)
16. Amount of Une 14 taxable at lineal rate
x .045 (16)
17. Amount of Line 14 taxable at sibling rate x .12
18. Amount of Line 14taxableat collateral rate 24,522.43 x .15
19. Tax Due
(17)
(18) 3,678.36
(19) 3,678.36
>> BE SURE TO ANSWER ALL QUESTIONS ON REVERSE ~4DE AND RECH_I::¢K MATH <<
Copyright 2000 form soltware only The Lackner Group, Inc.
Form REV-I$00 EX (Rev. 64)0)
Decedent's Complete Address:
ISTREET ADDRESS 661 Mud Level Road
crt* Shippensburg [STATE PA IZn' 17257
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
3,678.36
Total Credits (A + B + C) (2)
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty (D + E) (3)
4. If Line 2 is greater than Line I + Line 3, enter the difference. This is the OVERPAYMENT. (4)
Check box on Page I 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. (5)
A. Enter the interest on the tax due. (5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
0.00
0.00
3,678.36
3,678.36
· ANSWE~R TO ANY OF T.H~ QUESTIONS IS YES,
lara~:m of pre~lare~otrler than the pers/bnal representative is based on ,11 information of which preparer has any knowledge.
s,~.~.F o~ ~.f.¢~?o. ,E~.O.S,~ ~o, ~'d.".".U~.~.. ^o~.~ss
.s../~a~m~.~l~fwlaml Il f t' , 72 Derby. shire Drive
I ~ /'T--" ( [1 ~ ~./~. Carlisle, PA 17013
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 usa or income of the property transferred; ..................................................................................... [] []
b. retain the right to designate who shall use the property transferred or its income; ......................................... [] []
c. retain a reversionary interest; or ..... [] []
d. receive the promise for life of either payments, benefits or care? .................................................................. [] []
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate cons derat on? .......................................................................................................................... [] []
3. Did decedent own an "in trust for' or payable upon death bank account or secudty at his or her death? ............... [] []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary des gnat on? ........................................................................................................................ [] []
IF THE YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
s return, including accompanying schedules and statements, and to the best of my know~edge and belief, it is true, correct and complete.
DATE
DATE
ADDRESS
SIGNATURE OF PREPARER OTHER THAN REPRESENTA~VE
DATE
20 East Burd Street, Suite 6
P.O. Box 40
Shippensburg, PA 17257
For dates of death on or after July 1,1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure
of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural
parent, an adoptive parent, or a stepparent of the child is 0% 1172 P.S. §9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. {}9116
1.2) [72 P.S. {}9116 (a) (1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. {}9116 (a) (1.3)]. A sibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
ESTATE OF
Mooney, Martha Ann
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
FILE NUMBER
21 - 03 - 0748
Include the proceeds of li~gation and the date theproceeds were received by the estate. All property jointly-owned with the right of
survivorsh,p must be disclosed on schedule F.
ITEM
NUMBER
DESCRIPTION
M&T Checking Account No. 1321145
National Planning Money Manager Account
National Planning Interest
TOTAL (Also enter on Line 5, Recapitulation)
VALUE AT DATE
OF DEATH
1,795.77
24,449.00
16.41
26,261.18
COMMONINEALTH OF PE/~SYLVANIA
IMdERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSi~ &
AD&'~ISTRATNE COSIS
ESTATE OF Mooncy, Martha Ann FILE NUMBER
21 - 03 - 0745
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
,4.
FUNERAL EXPENSES:
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Social Security Number(s) / EIN Number of Personal Representative(s):
Street Address
City State Zip
Year(s) Commission paid
Attorney's Fees Hamilton C. Davis, Esquire
Family Exemption: (If decedent's address is not the same as claimant's, attach exHanation)
Claimant
Street Address
City State
Relationship of Claimant to Decedent
Probate Fees Cumberland County Register of Wills
__ Zip
Accountant's Fees
Tax Return Pmpamr's Fees
Other Administrative Costs
Legal Advertising - The News Clxronicle
Legal Advertising - Cumberland County Legal Journal
Total of Continuation Schedule(s)
TOTAL (Also enter on line 9, Recapitulation)
1,000.00
60.00
92.75
75.00
511.00
1,738.75
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Mooney, Martha Ann
SdledtleH
FILE NUMBER
21 03 - 0748
Ovrstown Bank Check Order
Reserve for Contingencies
11.00
500.00
Page 2 of Schedule H
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J J
BENEFICIARIES
ESTATE OF Mooney, Martha Ann J FILE NUMBER
21 - 03 - 0748
I RELATIONSHIP TO
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT AMOUNT OR SHARE
I. TAXABLE DISTRIBUTIONS (include outright spousal distributions)
1 A. Lmdsay Rowland Cousin 1/4 Residue
72 Derbyshire Drive
Carlisle, PA 17013
2 Susan E. Rowland Cousin 1/4 Residue
1223 W. Poplar
York, PA 174041
3 George A. Rowland Cousin 1/4 Residue
1436 Kirkwood Road
Harrisburg, PA 17110
4 Barbara R. Fetzer Cousin 1/4 Residue
2631 Puritan Court
Oak Hill, VA 20171
, Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT
BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
MarT Bank
May 3, 2004
Law Offices of
Zullinger - Davis
Hamilton C. Davis
20 East Burd Street, Suite 6
P.O. Box 40
Shippensburg, PA 17257
499 Mitchell Street, Millsboro, DE 19966
Estate of Martha Ann Mooney
Date of Death: August 23, 2003
Social Security Number: 166-48-8861
Dear Mr. Davis:
In response to your request, please be advised that at the time of death, the above-
named decedent had on deposit with this bank the following accounts.
Account Type ........................... Checking Account
Account Number. ...................... 1321145
Ownership (of names ) .............. Mart_ha A. Mooney
Opening Date ........................... 07/15/96 (account closed 10/07/03)
Balance on Date of Death. .........$1,795.77
Accrued Interest $ 0.00
Total ....................................... $1,795.77 - -
Sincerely,
Charlene Warrington, Records Management
1-888-502-4349
MARRAZZO AND ASSOCIATES FINANCIAL GROUP, p. C.
[NSU.RA. NCE - ANNU ITi'I:.S - INV E.~TMi:.I~r$ -RETIRgM'E~,-T ~LA,NNI,'~G. GR OT.~ ItENKFTTS - tNCOM£ TAX PRKPARAT;ON
Zullinger-Davis Professional Corporation
Attn: Hamilton C. Davis
Fax # 717-530-5222
May 6, 2004
Per your request, the value of Martha Mooney's investment account #4NR-050275, as of
August 23, 2003, was $24,449.
If you have any questions or need additional information, please do not hesitate to call.
Sincerely,
~t
SgCURITT~S AnD INVE.q?MENT AD¥ISORY ~R~ OF~R~D ¥~OUCg nA~ONAL PLA~G CORPo~oN
A~ A ~Cl~ ~E~ ~ ·
MA~ ~ a~T~ ~'ANCIAL GRO~, ~. C. AND h~ ARg $gp~ AND ~~
S01 S. ARLll~GTON AVENUE HARR/SBURG, PA 1'7109 LOCAL (717) 652-6122 TOLL FREE (888) 718-0092 FAX (717) 652-69]9
LAST WILL AND TESTAMENT
I, MARTHA ANN MOONEY of Southampton Township, Cumberland
County, Pennsylvania, declare this to be my Last Will and
Testament and revoke any will or codicil previously made by me.
ITEM I: I direct that all my just debts and funeral
expenses, including my gravemarker and all expenses of my last
illness, shall be paid from my residuary estate as soon as
practicable after my decease as a part of the administration of
my estate.
ITEM II: I devise.and bequeath all of my estate of every
nature and wherever situate to my mother, MARION GILBERT MOONEY
providing she shall survive me by thirtY days.
ITEM III: Should my mother, MARION GILBERT MOONEY,
predecease me or die on or before the thirtieth (30th) day
following my death, I devise and bequeath all of the residue of
my estate of every nature and wherever situate in equal shares
to such of my cousins, A. LINDSAY ROWLAND, SUSAN E. ROWLAND,
BARBARA R. FETZER and GEORGE A. ROWLAND, as are living on the
thirty-first (31st) day following my death.
ITEM IV: I direct that all taxes that may be assessed in
consequence of my death, of whatever nature and by whatever
jurisdiction imposed, shall be paid from my residuary estate as
part of the expenses of the administration of my estate.
ITEM V: I appoint my cousin, A. LINDSAY ROWLAND, Executor
of this my Last Will. Should he fail to qualify or cease to act
as Executor, I appoint my attorney, HAMILTON C. DAVIS, Executor
of this my Last Will.
ITEM VI: I direct that my Executor or guardian or their
successors shall not be required to give bond for the faithful
performance of their duties in any jurisdiction.
ITEM VII: Should any beneficiary under this Will,
including income or principal, including my spouse at any time
prior to distribution thereof become in my Executor,s opinion,
disabled, then and in such event (hereinafter referred to as
"the Disability,,) all other authority and discretion for any and
all payments for the benefit of such disabled beneficiary
(hereinafter referred to as "the Beneficiary) shall cease and be
suspended and all questions concerning and payments for the
Beneficiary during his or her Disability shall and will be held
by my Executor as Special Trustee pursuant.to the following:
A. During the existence of the beneficiary,s disability,
no payments shall be made from this Trust of either income or
principal until Special Trustee shall have taken into
consideration all of the beneficiary,s available other assets
2
and sources of income, including entitlement to benefits as
services from any local, state or federal government or agency
(or from any private agency).
B. During the existence of the beneficiary,s disability,
all payments from this Trust which go to the benefit of the
beneficiary are to be direct payments to the person or entity
supplying goods or services to the beneficiary at the request of
the Special Trustee.
C. During the existence of the beneficiary,s disability,
no portion of this trust, either income or principal, shall be
subject to anticipation, pledge, assignment or obligation of the
Beneficiary nor be subject to any reimbursement, execution,
attachment, levy or sequestration or any other claims of or
interference from the creditors of the Beneficiary or the estate
of Beneficiary or of anyone who may be obligated for the support
of Beneficiary, including any government or governmental agency
or private agency which has provided benefits or services to the
Beneficiary.
D. During the existence of beneficiary,s disability (or
for so long as there exists any claim against Beneficiary for
reimbursement by any creditor), no portion of this Trust shall
be or be able to be used to provide basic food, clothing and
shelter for the Beneficiary (nor be able to be converted for
3
such items) but rather to provide the beneficiary with extra and
supplemental care, maintenance, comfort, happiness and education
in addition to and over and above his or her basic support. To
this end, the Special Trustee may provide such resources and
experiences as will contribute to and make the beneficiary.s
life as pleasant, comfortable and happy as is feasible. Nothing
herein shall preclude the Special Trustee from purchasing those
services and items which promote the beneficiary,s happiness,
welfare and development, including, but not limited to, vacation
and recreation trips away from places of residence, expenses for
traveling companions if requested or necessary, entertainment
expenses, supplemental medical and dental expenses, social
services expenses, transportation costs, private room, telephone
and television services, a mechanical bed, an electric
wheelchair, personal care services, and the like.
E. During the existence of the beneficiary,s disability,
should the existence of this Trust disqualify the beneficiary
from eligibility for substantial governmental or private aid or
benefits or services or should any interest of. the Beneficiary
hereunder (whether income or principal) while undistributed and
in the possession of the Special Trustee be subject to
attachment, execution, sequestration or reimbursement by any
creditor, assignee, subrogee or provider of aid, benefits or
services to or for the Beneficiary, then this Trust may, in the
discretion of the Special Trustee be terminated and the then
remaining principal and any accumulated and undistributed income
be distributed to those persons (other than the Beneficiary) who
would be entitled to the Beneficiary,s share of my estate
pursuant to the provisions of ITEM III of this Will had the
Beneficiary predeceased me. This is because it is my intention
in executing this Trust to provide for the comfort and happiness
of the Beneficiary without interfering with, reducing or
disqualifying him or her from the aid, benefits or services he
or she would otherwise be entitled to and to maximize the
ultimate distributive shares for all of my ultimate
beneficiaries.
F. Upon the cessation of the disability of the beneficiary
(if such cessation shall be considered permanent with a
reasonable degree of medical certainty), this Trust shall
terminate and all principal and any accumulated and
undistributed income shall be distributed to the Beneficiary.
G. Upon the death of the Beneficiary this Trust shall
terminate and the assets shall be distributed to those persons
(other than the Beneficiary,s estate) who would be entitled to
the Beneficiary,s share of my estate pursuant to the provisions
of ITEM III of this Will had the Beneficiary predeceased me.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this
my Last Will and Testament, written on seven (7) sheets of
paper, dated this ~ ~ day of ~~W , 199~.
/
MARTHA ANN MOONEY
(SEAL)
The preceding instrument, consisting of this and six (6)
other typewritten pages, each identified by the signature of the
Testatrix, was on the day and date thereof signed, published and
declared by the Testatrix therein named, as and for her Last
Will, in the presence of us, who, at her request, in her
presence, and in the presence of each other have subscribed our
names as witnesse~ereto.
.,: .,- ~ residing at/r~, .~ .
residing at .~/-~ J9~. £ ~r~,/~
~ ~ / ·
6
COP[MONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
I, MARTHA ANN MOONEY, the Testatrix whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; and that I signed it
willingly and as my free and voluntary act for the purposes
therein expressed.
MARTHA ANN MOONEY
Sworn to or affirmed amd ackn,.o, wledged
before me bv 4,{;I('-ii."'~ /~:,I~
Testatrix, this .~-3'~-- day of
;/ /,," Notary ~Public
/: // '
COMMONWEALTH OF PENNSYLVA/NIA :
: ss.
COUNTY OF CUMBERLAND :
(SEAL)
witness whose names are signed to t~e attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testatrix sign and execute
the instrument as her Last Will; that the Testatrix signed
willingly and executed it as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the
hearing and sight of the Testatrix signed the Will as a witness;
and that to the best of our knowledge the Testatrix was at that
time eighteen (18) or more years of age and of sound mind and
under no constraint or
undue influence. ~~//~ :
Sworn to or affirmed and subscribed to
FIRST
CLASS
ZiPCObi~ ~ 7 ~-" ~ .;
MAIL
HAMILTON C. DAVIS
ATTORNEY AT LAW
P.O. BOX 40
SHIPpENSBURG, pENNSYLVANIA 17257~O40
Register of wills
cumberland county
One courthouse Square
Carlisle, PA ~70q3
FIRST CLASS MAIL
BUREAU OF INDIVIDUAL TAXES
TNHERTTANCE TAX DTVTSZON
DEPT. 280601
HARRISBURG, PA 17128-0601
COHHONNEALTH OF PENNSYLVANIA
DEPARTHENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLO#ANCE OR DZSALLO#ANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REV-IG4? EX AFP (01-03)
HANILTON C DAVIS
ZULLINGER DAVIS
PO ~OX ~0
SHIPPENSBURG
PA 17257
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
07-19-Z00q
NOONEY
08-25-2005
Z! 05-07q8
CUMBERLAND
101
Amoun'l: Remi ~:'l:ed
NARTHA A
HAKE CHECK PAYABLE AND REHZT PAYHENT TO:
REGISTER OF WILLS
CUHBERLAND CO COURT HOUSE
CARLISLE, PA 17015
CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORDS ~
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLONANCE OR DZSALLONANCE OF DEDUCTIONS AND ASSESSHENT OF TAX
ESTATE OF HOONEY HARTHA A FILE NO. 21 03-07q8 ACH 101 DATE 07-19-200R
TAX RETURN NAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Es~a~e (Schedule A) (1)
2. S~ocks and Bonds (Schedula B) (2)
5. Closely Held S~ock/Par~nership In~ares~ (Schedule C) ($)
q. Mor~gagas/No~as Receivable (Schedule D) (q)
S. Cash/Bank Dapos/~s/Misc. Personal Proper~y (Schedule E) (5)
6. Jo/n~ly Owned Proper~y (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. To,al Assa~s
APPROVED DEDUCTIONS AND EXEHPTZONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9)
10. Dab,s/Mortgage L/ab/1/~/es/Lians (Schedule Z) (10)
11. To*al Deductions
12. Na~ Value of Tax Re~urn
15.
1~.
Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J)
Ne~ Value of Es~a~a Subjec~ ~o Tax
262261.18
.00
.00 NOTE: To insure proper
.00 credi~ ~o your account,
.00 suba/~ ~ha upper por~/on
.00 of ~h/s fore w/~h your
~ax payment.
.00
(8)
1,758.75
.00
NOTE:
26,261.18
(11) ~ ,738.75
(12) 2~,522.~3
(15) . O0
(lq) 2q,522.~$
Zf an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 ,111
reflect flgures that /nclude the total of ALL returns assessed to date.
ASSESSHENT OF TAX:
15. Aaoun~ of L/ne lq a~ Spousal ra~a
16. Aeoun~ of Line lq ~axable a~ Lineal/Class A ra~a
17. Amoun~ of L/ne lq a~ S/bl/ng
18. Aeoun~ of L/ne lq ~axabla a~ Collateral/Class B ra~a
19. Pr/nc/~al Tax Due
TAX CREDITS
PAYMENT RECEIPT DISCOUNT
DATE NUMBER INTEREST/PEN PAID (-
05-2q-200q CD00~976 .00
~ x oo,: m .oo
~0 x ~:: o .00
z~,s2 s~ ~ ~?~' '~
~ x i
TOTAL TAX CREDIT I 3,678.36
BALANCE OF TAX DUEl .00
INTEREST AND PEN. .~0
TOTAL DUE . q0
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
(15)
(16)
(17)
(18}
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CA), YOU MAY BE DUE-~\
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION:
Estates of decedents dying on or before December 1Z, 198Z -- if any futura interest in the estate is transferred
in possession or enjoyment to Class B (collateral) beneficiaries of tho decedent after the expiration of any estate for
life or for years, tho Commonwealth hereby expressIy reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
PURPOSE OF
NOTICE:
PAYMENT:
REFUND (CR):
OBJECTIONS:
ADMIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
To fulfill the requirements of Section ZltO of the Inheritance and Estate Tax Act, Act Z5 of ZOO0. (7Z P.S.
Section 91~0).
Detach the top portion of this Notice and submit with your payment to the Register of Mills printed on the reverse side.
--Make check or money order payable to: REGISTER OF MILLS, AGENT
A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax" (REV-13IS). Applications are available at the Office
of the Register of Hills, any of the Z5 Revenue District Offices, or by calling the special Z~-hour
answering service for farms ordering: 1-DO0-56Z-Z050; services for taxpayers with special hearing and / or
speaking needs: 1-800-~7-30Z0 (TT only).
Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment
of tax (including discount or interest) as sheen on this Notice must object within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. ZDlOZ1, Harrisburg, PA 171ID-lOll, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. Z80601, Harrisburg, PA 171ZD-0601
Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-1SOI) for an explanation of administratively correctable errors.
If any tax due is paid within three (5) calendar months after the decadent's death, a five percent (SI) discount of
the tax paid is allowed.
The 15Z 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 tiaa 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 delinquencyj or nine (9) months and one (1) day from the date of
death, to the data of payment. Taxes which became delinquent before January 1, 198Z bear interest at the rate of
six (6X) percent par annum calculated at a daily rate of .00016q. All taxes which became delinquent on and after
January 1, 198Z will bear interest at a rate which will vary from calendar year to caIendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1982 through ZO0~ are:
Interest Daily Interest Daily Interest Daily
Year Rate Factor Year Rate Factor Year Rate Factor
~ 20Z .0005~8 ~'8-1991 1XZ .000501 ~ 9Z .O00Z~7
1985 16Z .000~38 199Z 9Z .O00Z~7 ZOOZ 6Z .00016~
19D~ 11Z .000501 1993-199~ 7Z .00019Z 2003 5Z .000157
1985 13Z .000356 1995-1998 9Z .O00Z~7 ZO0~ 4Z .000110
1986 IOZ .000274 1999 7Z .00019Z
1987 IOZ .O00Z7~ ZOO0 7Z .O0019Z
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NUHBER 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.
STATUS REPORT UNDER RULE 6.12
Name of Decedent: Martha A. Mooney
Date of Death: 08/23/2003
Estate No. 2003-00748
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with
respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete: Yes -X No_
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final account with the Court? Yes
No X
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account informally to the
parties in interest? Yes X No_
d.
Copies of receipts, releases, joinders and approvals of formal or
informal accounts may be filed with the Clerk of the Orphans' court and
may be attached to this report
~ f. J-:--~
Hamilton C. Davis, Esquire
P.O. Box 40
Shippensburg, PA 17257
(717) 532-5713
Date:
'<?/J::: /OS-
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Capacity: _ Personal Representative
XX Counsel for Personal
Representative
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Cumberland County - Register Of Wills
One Courthouse Square
Carlislel PA 17013
Phone: (71 7) 240 - 6345
Date: 7/27/2005
DAVIS HAMILTON CI ESQ.
POBOX 040
SHIPPENSBURGI PA 17257-0040
RE: Estate of MOONEY MARTHA ANN
File Number: 2003-00748
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 I NO.
103 SUPREME COURT RULES DOCKET NO. 11 for decedents dying on or after
July 11 19921 the personal representative or his counsell within two
(2) years of the decedent's deathl shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
8/23/2005
Your prompt attention to this matter will be appreciated.
Thank You.
SincerelYI
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
~