HomeMy WebLinkAbout11-06-09 (2)15056051058
REV-1500 EX (06-05) OFFICIAL USE ONLY
PA Department of Revenue
Bureau of Individual Taxes County Code Year File Number
Poeoxz6osol INHERITANCE TAX RETURN --
Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 09 0954 ''
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
'I _ .. _ --- _...--- - -._ .__._ i ._-._..__._._...._...._..-------___.._.._...._._.__. _._...._-..__._...__...._..----......------____._...__..._..-~
i__..__....___.__._._._._.____._ _. - _ - t ; 08/12/2006 07/09/1930
207-22-0147
Decedent's Last Name Suffix Decedent's First Name MI
---------------------------- --
- ---------------------------------' Sr---------' ~ Richard -----------------------------------------, -,
Etter '
M~
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name _ MI
i Etter
'Gladys ; R ~
Sp_o_us__e_'_s__S_o_cial Security Number
- --------- - -~~ ----~----_' THIS RETURN MUST BE FILED IN DUPLICATE VWITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
1. Original Retum ~ 2. Supplemental Retum 3. Remainder IRetum (date of death
prior to 12-13-62)
4. Limited Estate 4a. Future Interest Compromise (date of 5. Federal Estate Tax Retum Required
death after 12-12-82)
6. Decedent Died Testate ~ 7. Decedent Maintained a Living Trust 8. Total Numbgr of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
9. Litigation Proceeds Received ;;,-g 10. Spousal Poverty Credit (date of death 11. Election to t8x under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch.:O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telenhona Numher
Ronald E. Johnson, Esq
Firm Name (If Applicable)
Andrews & Johnson
First line of address
78 West Pomfret Street __ _ ~ -_____~ -_ -
Second line of address
(717) 243-01
REGISTER
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city or Post Office State ZIP Code I ~~~ e
j Carlisle ~'~ PA ~,' i 17013 I
Correspondent's a-mail address: rejohnSOn@pa.rlet
15056051058
Slde 1
15056051058
~1~1
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the besC of my knowledge and belief,
it is true, correct and complete. Dedaretion of preparer other than the personal representative is based on all information of which nren~rer has env know~arinn
15056052059
REV 1500 EX
Decedent's Name: RlChard M Etter
Decedent's Social Security Number
'i 207-22-0147 ^^
RECAPITULATION
1. Real estate (ScheduleA) ............................................. 1.
~ 12,863.00
-~..
2. Stocks and Bonds (Schedule B) ....................................... 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3.
4. Mortgages & Notes Receivable (Schedule D) ............................. 4.
5. Cash, Bank Deposits 8~ Miscellaneous Personal Property (Schedule E) ........ 5.
6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested ....... 6.
7. Inter-Vvos Transfers & Miscellaneous Non-Probate Property ""~'~'""°~~
(Schedule G) ~""" Separate Billing Requested........ 7.
8. Total Gross Assets (total Lines 1-7) .................................... 8. 12,863.00
9. Funeral Expenses & Administrative Costs (Schedule H) ..................... 9. ; 14,138.60
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................ 10.
11. Total Deductions (total Lines 9 & 10) ................................... 11. ,! 14,138.60
12. Net Value of Estate (Line 8 minus Line 11) .............................. 12.i -1,275.60
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which __-_____-~_--~"'"
an election to tax has not been made Schedule J 13. ,
14. Net Value Subject to Tax (Line 12 minus Line 13) ........................ 14. ' -1,275.60
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .0_ 15.
16. Amount of Line 14 taxable
at lineal rate X .0 _ 1 g,
17. Amount of Line 14 taxable
at sibling rate X .12 17,
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. TAX DUE ......................................................... 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
15056052059 Side 2
15056052059
REV 1500 EX Page 3
Decedent's Complete Address:
~_,„~„ „__, ,,_~~_, File Number
21 ' 09 0954 _.
DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER
Richard M Etter 207-22-0147
STREETADDRESS
12 Limekiln Road
CITY STATE ZIP
Carlisle PA 17013
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. CreditslPayments
A. Spousal Poverty Credit _
B. Prior Payments
C. Discount
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Credits (A + B + C) (2)
Total Interest/Penalty (D + E) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check Payable fo: REGISTER OF WILLS, AGENT
0.00
0.00
0.00
0.00
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROIPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred :.......................................................................................... ^ 0
b. retain the right to designate who shall use the properly transferred or its income :............................................ ^ Q
c. retain a reversionary interest; or .......................................................................................................................... ^
d. receive the promise for life of either payments, benefits or care? ...................................................................... ^
2. If death occurred after December 12,1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. ^
3. Did decedent own an 'in trust for" or payable upon death bank account or security at his or her death? .............. ^ ^x
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a benefaary designation? ........................................................................................................................ ^ ^x
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN
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 three (3) percent [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 zero (0) percent
[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 zero (0) percent [72 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 four and one-half (4.5) percent, 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 twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
LAST WILL AND TESTAMENT'
I, RICHARD M. ETTER SR., of West Pennsboro Township, Cumberland County,
Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make,
publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils heretofore made by me.
ONE. I direct my Executor or Executrix, as the case may be, to pay all of my
debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore,
I direct that all state, inheritance, succession and other death taxes imposed or payable by reason
of my death and interest and penalties thereon with respect to all property comprising of my gross
estate for death tax purposes, whether or not such property passes under this VV~ill, shall be paid
by the Executor or Executrix of my estate.
TWO. My Executor or Executrix may, at his or her discretion, compromise
claims, borrow money, retain property for such length of time as he or she m~.y deem proper;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to l~gai investments
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell
any realty and/or personalty owned by me at my death and not specifically devised or bequeathed
herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale
therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and
empowered to engage in any business in which I may be engaged at my death, for such period of
time after my death as seems expedient to said Executor or Executrix.
~~~~~
TI~REE. I give, devise and bequeath all of my estate of whatever nature and
wherever situate to my spouse, GLADYS R. ETTER.
FOUR. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, I then give, devise and bequeath any interest I may have in the real property
and cabin located in Upper Mifflin Township, Cumberland County to RICHARD M. ETTER JR.
and RAY E. WISER, or the survivor of the two of them. To the extent that both of these
individuals disclaim their interest or predecease me, then in that event this specific bequest shall
become part of the residuary of my estate.
FIVE. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, I then give, devise and bequeath those articles of my household furniture
and furnishings and those articles of my personal effects and personal property as set forth in a
separate memorandum, which I shall place with my Will or with my attorney, to the persons
thereon designated.
SIX. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, it is my desire that my then living children have the first right to purchase
my residence for the minimum price of the then current appraised value, as determined by a
qualified appraiser, or the highest bidder among those children interested in the property.
Notwithstanding the above, to the extent that none of my children express interest in writing to
purchase my residence for whatever reason within thirty (30) days from the date of my decease,
settlement to be held within sixty (60) days thereafter, then in that event my residence shall be
sold and the proceeds distributed in accordance with the residue of my estate as directed in this
my Last Will and Testament.
~.~
SEVEN. If my spouse, GLADYS R. ETTER, does not survive me by a period of at
least sixty (60) days, then in that event I hereby give all the rest, residue and remainder of my
estate in equal shares to those of my children who are living at the time of my death, absolute.
EIGHT. In the event of a common disaster causing the death of myself, my spouse
and all of my children, all within a period of sixty (60) days, then I give, devise and bequeath the
rest, residue and remainder of my estate to my then living grandchildren, in equal shares, per
stirpes, which provides that the child or children of any deceased beneficiary shall take the share
their parent would have taken if living.
NINE. If, under any of the provisions of this Will, any principal becomes vested
in a minor, my Executor or Executrix, as the case maybe, including any administrator c.t.a., shall
have the discretion either to pay over such principal or any part thereof to any parent of such
minor, any guardian of the person or estate of such minor, or any person with whom such minor
resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his
or her minority. Any of the principal thus retained, and any of the income thez`efrom, including
the whole thereof, may be paid to or applied for the benefit of such minor from time to time in
the discretion of the trustee of such power. When such minor reaches majority, the funds so held
shall be paid over to such person, or, if he or she shall sooner die, to his or her legal
representatives. In so holdil-~g any principal or income for any minor, the trustee of such power
shall have all the rights, powers, duties and discretions conferred or unposed upon my fiduciaries
acting under this Will. I further direct that no bond shall be required from any person receiving a
payment hereunder and receipt from such person shall be a full discharge to the trustee of such
power who shall not be bound to see to the application or use of such payment, The trustee of
such power shall be entitled to commissions at the rates and in the manner payable to a
testamentary trustee.
~'~
TEN. I nominate and appoint my spouse, GLADYS R. ETTER, to be the
Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to
qualify or is not able or does not serve for whatever reason, I then appoint LINDA M.
GA~RMAN, to be the substitute Executrix of this my Last Will and Testament. In the event she
has predeceased me, failed to qualify, or is not able or does not serve for whatever reason, I then
appoint JOAN M. WISER, to serve as substitute Executrix of this my Last Will and Testament,
whereby the said substitute personal representatives shall have the same powers as are given to
the original Executrix hereunder.
ELEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive
me by sixty (60) days.
TWELVE. No Executrix, Executor or Guardian acting hereunder shall be required to
post bond or enter security in this or any other jurisdiction.
THIRTEEN. No beneficiary may assign, anticipate or pledge his or her interest in any
income or principal held or distributable hereunder, and no beneficiary's creditors may levy,
attach or otherwise reach any such interest.
FOURTEEN. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Seven hereof except that if such person or
institution is entitled to share in the said residue, that interest shall be distributed proportionately
to the other residuary distributees.
<~~ .
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ lv day of July,
2003.
~~ ~
(SEAL)
CHARD M. ETTER Sit.
Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our names as subscribing witnesses.
ACKNOWLEDGMENT AND AFFIDAVIT
WE, RICHARD M. ETTER, SR., JAMES D. HUGHES and CHERYL L.
CLELAND, the testator and witnesses respectively, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
testator signed and executed the instalment as his Last Will, and that he had signed willingly,
and that he executed it as his free and voluntary act for the purpose herein expressed, and that
each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and
that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of
sound mind and under no constraint or undue influence.
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND .
Subscribed, sworn to and acknowledged before me by RICIiARD M. ETTER, SR, the
testator herein, and subscribed and sworn to before me by JAMES D _ GHES and CHERYL
L. CLELAND, witnesses, this I~y~ day of July, 2003. ~ ~ n
N
Notarial seal
lalanha L, Noel, Notary Public
Carlisle So% Cumberland County
My Commission Expires Sept 18, 2003
Member, ennsylvania Assodation of Notaries
SCHEDULE A
REAL ESTATE
ESTATE OF
FILE NUMBER
Richard M. Etter, Sr. 21-09-0954
All real estate owned solely or as a tenant in common should be reported at fair market value with is deSned as the price at which property would be
exchanged between a willing buyer and a willing seller, neither being compelled to sell, both having reasonable knowledge of the relevant facts.
Property jointly-owned with Right of Survivorship must be disclosed on Schedule F.
ITEM DESCRIPTION VALUE AT DATE
NUMBER OF DEATH
1 ALL THAT CERTAIN 1/3 interest as a tenant in common in and to a
tract of land with the improvements thereon erected situate in Upper Allen
Township, Cumberland County, Pennsylvania. Being 100 feet by 200 feet
an improved with a cabin and known as 45 Mountain Top Drive.
Parcel No: 44-04-0397-001. See Deed Book J, Volume 28, Page 832 and
Deed Book U, Volume 28, Page 479.
Assessed value: 33,850.00
2006 Common level ratio: 1.14
Total Value: $48,589.00
1/3 interest
$12,863.00
Total (also enter on Line 1, Recap) $12,863.00
SCHEDULE H
FUNERAL EXPENSES, ADMINISTRATIVE
COSTS AND MISCELLANEOUS EXPENSES
A.
B.
ESTATE OF
NUMBER
FILE NUMBER
Richard M. Etter, Sr. 21-09-0954
Debts of decedent must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
Funeral Expenses:
1 Hoffinan-Roth Funeral Home
2 Westminister Cementary -grave opening
Administrative Costs:
1 Personal Representive Commissions
Name of Personal Representative(s)
Social Security Number of Personal Representative:
Street Address:
City: State: Zip:
Year(s) commissions paid:
2 Attorney fees to Andrews & Johnson
3 Family Exemption
Claimant Gladys R Etter
Street: 12 Limekiln Road
City: Carlisle State & Zip PA 17013
Relationship of Claimant to Decedent: wife
4 Probate Fees to Register of Wills
5 Accountant Fees to Patricia Rosendale, CPA
6 Tax Return Preparer's Fees
7 Register of Wills - PA Inheritance Tax filing fee
$8,629.60
$1,150.00
$750.00
$3,500.00
$94.00
$15.00
I TOTAL (also online 9 Recapitulation) $14,13 8.60
..
SCHEDULE J
BENEFICIARIES
1~;S~1~A'1'~ OF FILE NUMBER
Richard M. Etter, Sr. 21-09-0954
ITEM NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP AMCIUNT OR SHARE
NUMBER D° Not List Trustee(s) OF ESTATE
I TAXABLE DLSTRIBtli'iONS [include outright spowd distribuGOm, end tr.nsfen order Sec. 9116(aX1.2)]
1 Gladys R Etter
12 Limekiln Road
Carlisle, PA 17013 wife 100%
II NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
Chetiuble and Governmental Bequests:
TOTAL CHARITABLE AND GOVERNMENTAI, BEQUESTS (also enter on line 13, Recapitulation) $~