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.
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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
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(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
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