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HomeMy WebLinkAbout01-07-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF EDWARD E. PALMER ~' ^ ~D~ ~~l' Deceased : No. PETITION FOR SETTLEMENT OF ESTATE IN ACCORDANCE WITH 20 PA.C.S.§3102 The Petition of Arlene M. Palmer, through the undersigned counsel, respectfully states that: 1. Edward E. Palmer ("Decedent") died on May 16, 2008, having resided at 319 Monroe Street, Mechanicsburg, Pennsylvania. 2. Petitioner is Arlene M. Palmer, the wife of Decedent at the time of his death and resides at 319 Monroe Street, Mechanicsburg, Pennsylvania. 3. The Decedent died testate, but no letters of administration have been issued. No bond was required. Decedent's Last Will and Testament is attached hereto as Exhibit "A." 4. Paragraph Second of Decedent's Last Will and Testament provides I give, devise, and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situated, unto my wife, ARLENE M. PALMER, absolutely and in fee simple, if she survives me by as many as sixty (60) days. c~ ''r ~~ t J /'~ ~~'~J ~. i i ' ~( ___. ` ? ~ ' j '. 7 ~ ~ ~ ~ LL y . ~.:.> if ...-1 `TAY ..' - ~ .. ... `~ ~.. rte' 1 5. The total value of Decedent's probate estate is less than $25,000, including (a) 35 shares of Prudential Financial Inc. common stock with a date of death value of approximately $2,656. 6. All of Decedent's other assets were held as tenants by the entireties or contained beneficiary clauses. 7. Decedent failed to name a beneficiary for the Prudential Financial Inc. stock. 8. There are no unpaid creditors as Petitioners has personally paid all debts including funeral expenses of approximately $5,518.00. 9. The Pennsylvania Transfer Inheritance Tax Return has been filed with the Register of Wills and no inheritance tax was due. Exhibit "B." 10. The Decedent was not a fiduciary iri any other estate and was not a surety on the bond of a fiduciary. WHEREFORE, Petitioner respectfully requests the Court to award Decedent's estate in its entirety to Arlene M. Palmer, Petitioner. Respectfully Submitted, BYBEL EDGE LLP ~- By ~e-n,Q-~ ~` L. Renee Lieux, Esquire Attorney I.D. No. 84906 1017 Mumma Road, Ste 302 Lemoyne, Pa 17043 (717)731-8303 (717)731-8205 lieux(c~bybelrutled eg com 2 LAST WILL AND TESTAMENT I, EDWARD E. PALMER, of the Township of Monroe, County of Cumberland, and of Pennsylvania, being of sound and disposing mind, memory and do make, publish and declare this as and for my Last Will and Testament, hereby ig and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my :'ix, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give, devise and bequeath all the rest, residue and remainder of my Estate, personal and mixed, whatsoever and wheresoever situated, unto my wife, ARLENE M. PALMER, absolutely and in fee simple, if she survives me by as many as sixty (60) days. THIRD. If my wife, ARLENE M. PALMER, does not survive me by as many as sixty "V (60) days, then and in that event, I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situated, be divided into four (4) equal shares, which parts shall be distributed and disposed of as follows: A. I give, devise and bequeath one (1) such equal part of my residuary estate unto my daughter, namely, KATHY DIANE BRECHBIEL, absolutely and in fee simple. B. I give, devise and bequeath one (1) such equal part of my residuary estate unto my daughter, namely, BECKY JO REFS, absolutely and in fee simple. C. I give, devise and bequeath one (1) such equal part of my residuary estate unto my daughter, namely, JULIE ANN BUTLER, absolutely and in fee simple. D. I give, devise and bequeath one (1) such equal part of my residuary estate in equal shares unto my daughter, namely, JODY LYNN MILLER, my grandson, namely, GREGORY MILLER, and my granddaughter, namely, JENNIFER MILLER, share and share alike, absolutely and in fee simple. In the event any of the above-named beneficiaries should predecease me and leave lawful LAW OFFICES SNELBAKER, BRENNEMAN & SPARE issue to survive mc, i order and direct thhat the foreboing Part or share of m~- residuary estate shall be distributed unto her or his issue per stirpes by representation and not per capita LASTLY. I nominate, constitute and appoint my wife, ARLENE M. PALMER, to be the of this, my Last Will and Testament, but if for any reason she should fail to qualify as Executrix or cease so to serve, then and in that event, I nominate, constitute and appoint my ,namely, KATHY DIANE BRECHBIEL, to be the Executrix hereof. If both of the persons should fail to qualify as my personal representative hereunder or cease so serve, then and in that ultimate event, I nominate, constitute and appoint my daughter, namely JO REES, to be the Executrix of this My Last Will and Testament. I order and direct that none of the above-named persons shall be required to post bond or bother security as a condition of qualification as personal representative hereunder. IN WITNESS WHEREOF, I, EDWARD E. PALMER, have hereunto set my hand and seal to this my Last Will and Testament, which consists of three (3) typewritten pages to each of which I have affixed my signature this ~ -- ~ `~ day of July, A.D. Two Thousand Four (2004). ~~c.----~ (SEAL) Edward E. Palmer The preceding instrument, consisting of this and two (2) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by Edward E. Palmer, the Testator therein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -2- COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. We, EDWARD E. PALMER, RICHARD C. SNELBAKER and JANE J. GOONEY, the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein 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 his or her knowledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. estator ' ness Wi ss Subscribed, sworn to and acknowledged before me by EDWARD F,. PALMER, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE J. GOONEY, the witnesses, this ~,~ day of July, 2004. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matraa, Notary Public Medranicstwrg Boro, Cumberland County My Commission Expires Nov. 24, 2097 Member. Pennsylvania Association Of Notaries LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -3- NOTICE OF INHERITANCE TAX Pennsylvania ~ APPRAISEMENT, ALLOWANCE OR DISALLOWANCE DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 EX AFP clz-o9) INHERITANCE TAX DIVISION - PO BOX 280601 HARRISBURG PA 17128-0601 DATE 07-19-2010 ESTATE OF PALMER EDWARD E DATE OF DEATH 05-16-2008 FILE NUMBER 21 10-0411 COUNTY CUMBERLAND RENEE LIEUX ACN 101 STE 302 APPEAL DATE: 09-17-2010 1017 M U M MA R D (See reverse side under Objections ) LEMOYNE PA 17043 Aoount Reeitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 CUT ALON_6 THIS LINE '--) RETAIN LOWER PORTION__FOR_YOUR_RECORDS_ 4--- ___________________ REV-1547 EX AFP C12-09~DISALLOyIANCENOFRDEDUCTIpNS ANDRASSESSMENTAOFOTAXCE OR ESTATE OF: PALMER EDWARD EFILE N0.:21 10-0411 ACN: 101 DATE: 07-19-2010 TAX RETURN WAS: C X) ACCEPTED AS FILED C ) CHANGED APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN C1) .00 NOTE: To ensure proper 1. Real Estate (Schedule A) .~~ credit to your account, 2. Stocks and Bonds (Schedule B) (2) submit the upper portion .00 of this form with your 3. Closely Held Stock/Partnership Interest (Schedule C) C3) C4) • ~~ tax payment. 4. Mortgages/Notes Receivable (Schedule D) 2,656.00 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) ,00 6. Jointly Owned Property (Schedule F) (6) C7) 8,708.00 7. Transfers (Schedule G) ~$) 11.364.00 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 4. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) I9) 5.518.00 clo) .00 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax NOTE: If an assessment was issued previously, reflect figures that include the total ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate lines 14, 15 of ALL returns 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: cll) 5,518.00 c12) 5,846.00 C13) • ~~ C14) 5,846.00 and/or 16, 17, 18 and 19 will assessed to date. c15) 5,846.00 X (16) .00 X c17) _ oo x clB) • 00 X 00 = .00 045 = .00 12 = .00 15 = .00 c19)= .00 1YMENT RECEIPT DISCOUNT C+) ~ AMOUNT PAID I DATE NUMBER INTEREST/PEN PAID C-)- TOTAL TAX PAYMENT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE .00 .00 .00 .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE _ __ ______...... r..rrerer A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, Arlene M. Palmer, verify that the statements made herein are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa. Con. Stat. § 4904 relating to unsworn falsification to authorities. p~f-a/- io Date Arlene M. Palmer 3