HomeMy WebLinkAbout01-1055
PETITION FOR GRANT OF LETTERS
Estate of Paul E Montgomery
No.
21-01-1055
also known as Paul Emerson Montgomery
Paul E Montgomery
, Deceased
Social Security No. 076127780
Joan Graci and Maureen J Placa
Petitioner(s), who is/are 18 years of age or older, apply)ies) for :
(COMPLETE "A" OR "B" BELOW:)
Gl
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix
Decedent, dated 09/25/2001 and codicil(s) dated
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, ete
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search haslhave ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I
Name
Relationship
Residence
I
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with hislher last family or principal
residence at 11 Wiltshire West Court, Carlisle, PA 17013
(list street, number and municipality)
Decedent, then 81 years of age, died October 24 ,2001 I at Cumberland Crossings
(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..... ..... ..... ..... ........................... ...... ........ ......... .......... ....... ......... ....... ...... ........ $
140,000.00
140,000.00
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Signature
Typed or printed name and residence
Joan Graci
506 Deubler Road eam Hill PA 17011
~
Maureen" Placa
6 Harwich Road Morristown NJ 07960
/7.;; 1- I~
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 representative( s) of the
Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
before me this 16th day of ~
J$OVF.MRER. 'jf)~~
~"j,,(2:r"<~"~J4"~1'(l_ /~
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DECREE OF REGISTER
Estate of Paul E Montaomerv
also known as Paul Emerson Montaomery
Social Security No: 076127780 Date of Death: 10/24/2001
Deceased
21-01-1055
No.
AND NOW, NOVEMBER 19. 2001 , in consideration of the Petition on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters IXI Testamentary 0 of Administration
are hereby granted to Joan Graci and Maureen ~Placa
,
((c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoriate)
in the above estate and that the instrument(s), if any, dated September 25,2001
described in the Petition be admitted to probate and filed of record as the Last Will of Decedent.
FEES
Letters .................................... $
235.00
Short Certificates(s) ..ro.tf..~3 $
$
$
$
$
$
$
$
18.00
Renunciation ..........................
Extra Pages (
) ...............
I. T. R.......................................
5.00
JCP Fee .................................
Inventory ................................
Other ......................................
TOTAL.. ...........................$
258.00
~7~~""{.,,)?,~.fP j ~1"1/
Regl er of Wills
C1I/lfrA1~
gnature
Attorney: Marielle F Hazen
1.0. No: 68003
Address: 845 Sir Thomas Court
Harrisbura
Telephone: 717-541-5550
DATE FILED:
PA 17109
This 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.
No.
L?~_. ./T'.
~L?~4~
Fee for this certificate, $2.00
Local Registrar
p
7814284
OCT 2 6 2001
Date
21-01-1055
Hl0S.143 Rev. 2187
COMMONWEALTH OF PENNSYLVANIA e DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
TYPElPRINT
IN
PERMANENT
aLACK INK
~/
NAME OF OECEDENT (""'. M'd"'e. La.,
Paul Emerson Montgomery
AGE ILa.. 8i<1hdayl UNDER I YEAR UNDER 1 DIit
Month. Daya Haufo I MiIlut..
SEX
I, Male
SlATE FILf NUMBER
SOCtAL SECURITY NUM8ER
3, 076 - 12
October 2
2 01
BIflTHPLACl: :.C'ly oM
SIaIIOf fcrllQn COlInltyl
PlACE ~ OEATH fCtl,<<:... Of'ly I)f'Ie ~~ ';ioN InSUU(.l.on1 on 00'le1 5lO8)
HOSPITAL:
I~'~nt 0 ERlOutp.Itilnl 0
~:,tyJD
Cumberland
DECEDENT'S USUAL OCCUPATION
(~r::~Iif':f:O~~';~~
White
SURVIVING SPOUS€
III Wll,. gtYe maiden nam81
""P.
...
FATHER'S NAME (F..., M~. La..)
.. Paul Urban Mont omer
INFORMANT'S NAME (Type/P,int)
. Mrs. Shawn M. Graci
METHOD OF DISPOSITION
D _I D Cr.....'"'" D R_ bum Sta'e rn
DonMiOn 01,.., <SP8C"Y'
. '11..
. SIGNATURE OF FUNERAL SERVICE LICENSEE OR
Michael K. Donohue
olty_.
fil
en
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~
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oC
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Zl.
21. MAT I; En'I' ,hi dis'.UI. injuri., Of compka1io"a whi(;h caused lhe death. 00
liat only one "UN on .ach Hne.
PART II: Oth.r aigniRc:ant concMionl contributing; to death. but:
... ..auMIn9 ;" .he unde<\vlng..... given ill PAAT I.
E~IOR~~E~ENCE~~'f'~~
)~
\ :
DUE 10 COR AS A CONSE OUENCE Of):
DUE 10 (OR AS A CONSEOUENCE Of):
WERE AUlOPSY FINDINGS
AVAILABLE PRIOR 10
COMPLETION OF CAUS€
OF DEATH?
MANNER OF DEATH
DATE OF 'NJURY
(Monlh. Day. Year)
TIME OF INJURY
INJURY AT WORK?
DESCRI8E HOW 'NJURY OCCURRED.
Nltwet
ex
D
D
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Plndlnglnves'lQalJon
D
D
o PLACe OF INJURV . AI home, larm. It;..., '.clor,. office M.
buiklinQ, ele. ISpeclly)
30..
YM D NoD
Ace_I
Yn D
NoD
Suloid.
COuld noI be del.rml~
lie. 21b.
COlT""." tCheck Ot"v onel
-CERTWYING PHYSIClAN (PhyslCaan celtltvmg eause ~ dealh when another phys.c'an has pronovOCed dealh a/"lo compleled Ilem 23l
To the be., 01 Ifty know*fp. d.ath occurred dt>> 10 ..... cau"(I) and manne' .. at.ted. .
29.
)11~~4.o1
~ ~11t. . '::..
D ~:~y\) OC:JI-t:" ::~~(:rril:yt~l
NAME AND ADORESS OF PERSON WHO COMPLETED CAUSE OF DEATH
C"em27)TY~.:A ~'1 (~I ~
D 31. -z,.'2-U vJlfSCIv!ti~ {-Iii
DATE F~ (MO^'M. Da
31. OJ 01 t
ct.
2001
'PflONQUNCINQ AND CERTIFYING PHYSICIAN CPhY"C..n llOlM ",onounc,ng ooalh and cen"Y"'9 to cau.. 01 dealh}
To the b4tst of my knowladg8, death occurred at the lime, d.t., and plact..nd due to the cau.eCI) lna mann., al Itltld..
'MEDICAL. EXAMINER/CORONER
On the b..il of examin.lIon .nd/or Investtgltlon,ln my opinion, d"1I'\ occurred It the lime, date,and plle',and due to the CIU"(I) and
manner II 'tlted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31..
REGI
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~ CJC> I
LAST WILL AND TESTAMENT
OF
PAUL E. MONTGOMERY
21-01-1055
I, PAUL E. MONTGOMERY, now domiciled in Cumberland County, Pennsylvania,
declare this to be my Last Will. I revoke all other Wills and Codicils that I may have previously
made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate shall
be paid by my Executors from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executors has to claim reimbursement
for any such taxes which become payable as'the result of any property over which I have the power
of appointment.
Article III
I give, devise and bequeath in accordance with any memorandum which I have either
handwritten or signed, located with my Will or with my valuable papers and found within 30 days of
- 1 -
the probate of my Will. Gifts may only be to persons who survive me or to organizations which
exist at my death, and if there is a conflict, the memorandum having the latest date shall govern.
Article IV (SB)
I give and bequeath the sum of FIVE THOUSAND DOLLARS (55,000.00) to NICOLE
DIDONATO of Delaware County, Pennsylvania.
Article V
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath IN EQUAL SHARES to my daughter, JOAN GRACI, of
Cumberland County, Pennsylvania and to my stepdaughter, MAUREEN PLACA, of Morris
County, New Jersey.
However, if a beneficiary does not survive me by thirty (30) days, but leaves descendants
who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the
beneficiary would have received had he or she survived me by thirty (30) days.
Article VI
Except as otherwise provided in this Will, I have intentionally failed to provide for any other
persons or relatives, whether claiming to be an heir and/or relative of mine or not. Insofar as I have
failed to provide in this Will for any of my relatives, and/or issue now living or later born or
adopted, such failure is intentional and not occasioned by accident or mistake. Specifically,
-2-
DENISE PACKARD and her descendents with the exception of NICOLE DIDONATO, are not to
inherit any monies or property, personal or real, under the terms of the Will.
Article VII
If a beneficiary under this Will has not attained the age of twenty- five (25) years, the share of
the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the
terms in Article VIII.
Article VIII
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions of the Trust shall be as follows:
A. To expend and apply so much of the net income and so much of the principal of the
Trust as the Trustee shall consider advisable for the support, health, care and education of the child
until the child attains the age of twenty-two (22) years.
B. Upon attaining the age of twenty-two (22), one-third (1/3) of the child's share shall be
distributed outright to the child.
C. Upon attaining the age of twenty-five (25) the remaining principal and accumulated
income of the child's share shall be distributed outright to the child.
D. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or
other processes of law.
- 3 -
Article IX
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will or by law, shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; to pay from my estate reasonable compensation for all their services,
(i) to conduct along with or with others, any business in which I am engaged in or have
an interest in at the time of my death, and
G) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
-4-
Article X
I hereby appoint my daughter, JOAN GRACI, of Cumberland County, Pennsylvania as
Trustee of any Trust( s) created in this Will. In the event of the renunciation, death, or inability to
act, for any reason whatsoever of JOAN GRACI, I nominate, constitute and appoint my
stepdaughter, MAUREEN PLACA, of Morris County, New Jersey, successor Trustee of any
Trust(s) created in this Will.
Article XI
I nominate, constitute, and appoint my daughter, JOAN GRACI, of Cumberland County,
Pennsylvania, and my stepdaughter, MAUREEN PLACA, of Morris County, New Jersey,
Executors of my Last Will and Testament. I direct that my Executors be permitted to serve without
bond and in addition to those powers granted by law, I grant them power to distribute in cash or in
kind in like or in unlike shares and to file any qualified disclaimer I could have filed ifliving: My
Executors shall receive reasonable compensation for services rendered to my estate.
Article XII
In addition to the powers conferred by law, I authorize my Executors in their absolute
discretion:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
( c ) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
- 5 -
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both., and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executors; and to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged in, or have an
interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
IN WITNESS WHEREOF, I, PAUL E. MONTGOMERY, hereby set my hand to this my
Last Will and Testament, on 1-2--J-- ~ ( ,2001.
~~~,\~~
.. P E. MONTGO :Y
In our presence, the above-named PAUL E. MONTGOMERY signed this and declared this
to be his Last Will and now at his request, in his presence, and in the presence of each other, we sign
as witnesses.
Name
Address
1;4") . ~;~ !JJ;m R./o /l-) 1itg.,lH17/d1
i':l6 Sir1homat)C-U!b:fPA 11/0Q
-6-
I, PAUL E. MONTGOMERY, Testator, who signed the foregoing instrument, having been
duly qualified according to law, acknowledge that I signed and executed this instrument as my Will,
and that I signed it willingly as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and
acknowledged before me by
PAUL E. MONTGOMERY, the Testator,
on f-LS-~I .2001.
d7?~~~
- PAUL E. MONT RY
f
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N Public
NOT ArML S!AL
JUU! A.. Kim, ~1cry rvbU\;
c:.IN !Gro, Cumbortand Couft'l)'1 p~
My ~on bPNI Fob. 11, 200..
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testator sign and execute this
instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the
purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and
that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of
sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
subscribed to before e
~
by~, Sf,
and c
witnesses, on b ~~!~ ~ 1\ :L C\ , 2001.
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My ~ bpi,.. ',b. 11, JOQ~
-7-
ORIGINAL
IN RE: ESTATE OF
PAUL E. MONTGOMERY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-2001-1055
PRAECIPE TO WITHDRAW FROM REPRESENTATION
TO: Register of Wills
Kindly remove my appearance as attorney of record for the Estate of Paul E.
Montgomery.
Respectfully submitted,
/-:s-oy
Date
BY://~
~arfelle F. Haze, sq.
P ALD. 68003
Law Office of Marlelle F. Hazen
2000 Linglestown Road, Suite 303
Harrisburg, P A 17110
(717) 540-4332
~
~
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: PAUL E MONTGOMERY
Date of Death: 10/24/2001
Estate No. 2001-01055
SSN: 076-12-7780
File No. 21-01-1055
Date Letters Granted: 11/19/2001
Will or Administration No.
To the Register:
I certify that Notice of 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 01/03/2002
Name Address
Joan M Graci 506 Deubler Road
Camp Hill PA 17011
Maureen J Placa 6 Harwich Road
Morristown NJ 07960
Nicole DiDonato 167 North Madison Avenue
Upper Darby PA 19082
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Date: 01/03/2002
1l1f~
Marielle F. Hazen. Esquire
Name (Please type or print)
Jan L. Brown & Associates
Address
845 Sir Thomas Court. Suite 12
Capacity:
Personal Representative
X Counsel for Personal
Representative \0
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cL
Harrisburg
PA 17109
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Telephone No. 717-541-5550
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F AMIL Y SETTLEMENT AGREEMENT AND FINAL RELEASE
IN THE
ESTATE OF PAUL E. MONTGOMERY, DECEASED
KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, PAUL E.
MONTGOMERY, late of South Middleton Township, Cumberland County, Pennsylvania,
deceased, died testate on October 24,2001, having first made his Last Will and Testament, which
was dated September 25,2001, and is duly recorded in Cumberland County Courthouse, Register
of Wills, File No. 2001-01055;
WHEREAS, the said PAUL E. MONTGOMERY, by the aforesaid Last Will and
Testament, named JOAN M. GRACI and MAUREEN J. PLACA as Co-Executrix of said Last
Will and Testament;
WHEREAS, Letters Testamentary on the estate of said decedent were duly issued by the
Register of Wills of Cumberland County, and Letters were granted to JOAN M. GRACI and
MAUREEN J. PLACA, hereinafter called Personal Representatives;
WHEREAS, the said Personal Representatives have gathered the assets of the estate of
the said decedent, and the assets consisted of real and personal property to a total value of
$178,890.71 as set forth in Exhibit A, which is a statement of account of the said Personal
Representatives, and which is attached hereto and made a part hereof and marked Exhibit A;
WHEREAS, according to the terms and conditions of decedent's Last Will and
Testament, a specific bequest was made as listed below:
- 1 -
WHEREAS, the beneficiary of the specific bequest signed a Receipt and Release for her
specific bequests. Said Receipt and Release is attached hereto and made a part hereof and marked
Exhibit B;
WHEREAS, the residuary balance for distribution as shown in the said statement marked
Exhibit A will be distributed as herein indicated in accordance with the terms of the Last Will
and Testament of the said decedent;
NOW, THEREFORE, KNOW YE, that we, JOAN M. GRACI and MAUREEN J.
PLACA, being all of the residuary beneficiaries of the said decedent and heirs under the Last
Will and Testament of the said decedent, and being those persons entitled to inherit under said
Last Will and Testament, do hereby, each of us, acknowledge that we have this day had and
received from the aforesaid Personal Representatives, in full satisfaction and payment, all sum or
sums of money, legacies, bequests and devices as are given, devised and bequeathed to each of us
respectively by the said Last Will and Testament, which amounts we have received this day, and
which amounts are in the amount set opposite our respective names in the table and schedule of
distribution in said statement attached hereto and marked Exhibit A;
AND, each of us does hereby stipulate that in order to avoid the expense and time
involved in the filing of a formal account and schedule of distribution, we each agree that no
account is necessary, and we do hereby agree that we do consent to distribution being made
without the filing of an account and schedule of distribution, the same to be with the same force
-2-
\f\'~..'
and effect as if it had been filed and confirmed by the Orphans' Court Division of the Court of
Common Pleas, Cumberland County Branch.
THEREFORE, we and each of us do hereby remise, release, quit claim and forever
discharge the said Personal Representatives, JOAN M. GRACI and MAUREEN J. PLACA,
their heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys
at law, and JAN L. BROWN, ESQUIRE of and from the said estate and from all actions, suits,
payments, accounts, reckoning, claims and demands whatsoever for or by reason thereof, or for
any other use, matter, cause or thing whatsoever touching upon the estate of the said decedent,
and each of us do further hereby covenant and agree that should any liability come due to the
estate of the said decedent after the signing of this agreement, each of us do hereby covenant and
agree with each other and the aforesaid Personal Representatives that we will contribute pro rata
our share of the estate to satisfy any and all claims, demands, suits or causes of action which may
be successfully prosecuted against the said estate or the aforesaid Personal Representatives after
the signing, sealing and delivery of this Family Settlement Agreement and Final Release.
yfh
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of ~ ,2003.
~jl1A 1- ~ad;'
WItness
f!f~
ss
~JJJ ~~
~o M. GRACI
- 3 -
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the 8th day of August, 2003 before me, a Notary Public, the undersigned officer,
personally appeared JOAN M. GRACI and MAUREEN J. PLACA, known to me or
satisfactorily proven to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~ ,\)J2)
..\ ~ ~\lir-
C No .ary Public
~
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STATEMENT OF ACCOUNT OF THE ESTATE OF PAUL E. MONTGOMERY
Real Property
11 Wiltshire Court, Carlisle, P A $106,900.00
Personal Property (using date of death values)
1999 Econoline Conversion Van
Cash
Mellon Bank Account 0355-071756
USAA
Ring with two diamonds
Reimbursements/refunds
Total Assets
Income earned since date of death
Interest
Prudential Fin 95 shs @ $29.30 rec'd 12/13/01
Total Income
Expenses
Funeral
Legal fee; Jan L Brown
Administrative costs
Debts of decedent
Inheritance Tax
Total Expenses
Net Available for Distribution
$23,025.00
$38.00
$42,536.90
$3,388.11
$2,000.00
$1,002.70
$253.30
$2,783.50
-$10,496.37
-$5,912.00
-$15,844.02
-$281.01
-$6,184.42
DISTRIBUTION TO BENEFICIARIES
ACCORDING TO TERMS OF WILL
Nicole DiDonato, specific bequest
Cash distribution
Joan M. Graci, 50% of residue
1999 Econoline Conversion Van
Ring with two diamonds
Prudential Fin 95 shs @ $29.30 rec'd 12/13/01
Cash distribution
Maureen J. Placa, 50% residue
Ring with two diamonds
Cash distribution
Total Distribution
$5,000.00
$23,025.00
$1,000.00
$2,783.50
$42,296.34
$1,000.00
$68,104.85
$178,890.71
$3,036.80
-$38,717.82
$143,209.69
$143,209.69
* Actual cash distribution may be increased or decreased based on interest accrued, market value
of assets, presentation of an obligation and/or payment of additional charges. After final distribution,
if an obligation is presented, the residuary beneficiaries will be responsible for payment of the obligation
as set forth in the Family Settlement Agreement.
08/25/2003
Exhibit A
In Re:
ESTATE OF PAUL E. MONTGOMERY,:
Deceased:
No. 2001-01055
RECEIPT AND RELEASE AGREEMENT
NICOLE DiDONATO, legatee under the Will of PAUL E. MONTGOMERY,
deceased, does hereby:
1. Acknowledge receipt of the sum of Five Thousand Dollars ($5,000), being the amount
bequeathed to her in Article IV of the Will of the above-named decedent.
2. Releases JOAN M. GRACI and MAUREEN J. PLACA, Co-Executors of the estate
of the above-named decedent, and their heirs and personal representatives, together with JAN L.
BROWN & ASSOCIATES, attorneys at law, and specifically JAN L. BROWN, ESQUIRE
and MARIELLE F. HAZEN, ESQUIRE, from all liabilities which they may have by reason of
administration of the estate;
4. Declares that this instrument shall be legally binding upon her, her personal
representatives, successors and assigns.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 26th day of
November, 2002.
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WItness
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NICOLE DiDONATO
- 1 -
Exhibit B
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the 26th day of November, 2002 before me, a Notary Public, the undersigned
officer, personally appeared NICOLE DiDONATO, known to me or satisfactorily proven to be
the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
J8SICAA. HOLlAND, NOTARY PUBLfC
CITY OF HARRISBURG, DAUPHIN COUNTY
MY MMISSION EXPIRES MARCH 4 2006
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BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
INVENTORY
, Deceased
No. 2001 01055
Date of Death 10/24/2001
Social Security No. 076127780
Estate of Montgomerv. Paul E
also known as
Paul E Montgomerv
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no
real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. l!We
verify that the statements made in this inventory are true and correct. l!We understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Personal Representative:
Name of
Attorney: Marielle F Hazen
Joan Graci
1.0. No.: 68003
Address: 845 Sir Thomas Court Suite 12
Maureen Placa
Dated 7/1 0/02
Harrisburg
Telephone: 717-541-5550
PA 17109
Description
Mellon Bank; Account 0355-071756
Value
42,536.90
1999 Econoline Conversion Van
23,025.00
Ring with two diamonds
2,000.00
11 West Wiltshire Court, Mayapple Village, Carlisle, PA 17013
101,350.00
~\.
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--:l
Total
........~ :
;-;;
(Attach Additional Sheet~ necess~rU'
168,911.90
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
RW-4
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
JAN L BROWN ESQUIRE
845 SIR THOMAS COURT
HARRISBURG, PA 17109
-------- fold
ESTATE INFORMATION: SSN: 076-12-7780
FILE NUMBER: 2101-1055
DECEDENT NAME: MONTGOMERY PAUL E
DA TE OF PAYMENT: 07/19/2002
POSTMARK DATE: 07/18/2002
COUNTY: CUMBERLAND
DATE OF DEATH: 10/24/2001
NO. CD 001428
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $2,684.42
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$2,684.42
REMARKS: JAN L BROWN ESQUIRE
CHECK#1016
SEAL
INITIALS: JA
RECEIVED BY:
REGISTER OF WILLS
MARY C. LEWIS
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
MARIELLE F HAZEN ESQUIRE
845 SIR THOMAS COURT
HARRISBURG, PA 17109
nn____ fold
ESTATE INFORMATION: SSN: 076-12-7780
FILE NUMBER: 21 - 2001 - 1 055
DECEDENT NAME: MONTGOMERY PAUL E
DA TE OF PAYMENT: 01/23/2002
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 10/24/2001
NO. CD 000786
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $3,500.00
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$3,500.00
REMARKS: JOAN GRACI
C/O MARIELLE F HAZEN ESQUIRE
CHECK# 1001
SEAL
INITIALS: SK
RECEIVED BY:
MARY C. LEWIS
REGISTER OF WILLS
REGISTER OF WILLS
/'7-c:1I- IY
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
~
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG1 PA 171Z8-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT} ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
10-14-2002
MONTGOMERY
10-24-2001
21 01-1055
CUMBERLAND
101
';
MARIELLE F HAZEN
JAN L BROWN & ASSOCS
845 SIR THOMAS CT 12
HBG PA 171~9
*'
REV-1547 EX AFP (01-021
PAUL
E
Allount Rellitted
) CHANGED
lI)
(2)
(3)
(4)
(5)
(6)
(7)
101.350.00
.00
.00
.00
67.561.90
.00
.00
(8)
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE} PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REY=is'4j-Eif-i.F'P--(rff:oz-f-NOYiCE--OF-'rNHERiTAifci-yAi-APPRAisEi'-ENT~--i.Li-owAirci-oR-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF MONTGOMERY PAUL E FILE NO. 21 01-1055 ACN 101 DATE 10-14-2002
TAX RETURN WAS: (X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governllental Bequestsj Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. A_ount of Line 14 at Spousal rate (15)
16. Allount of Line 14 taxable at Lineal/Class A rat. (16)
17. Allount of Line 14 at Sibling rate (17)
18. Allount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX CREDITS:
NOTE:
(9)
lID)
26}453.34
NOTE: To insure proper
credit to your account}
subllit the upper portion
of this forll with your
tax paYllent.
168}911.90
'7.~86 86
141,525.04
.00
141}525.04
lI9)=
.00
6}368.63
.00
.00
6,368.63
933.52
Ul)
(2)
(3)
(4)
.00 X 00 =
141} 525.04 X 045 =
.00 X 12 =
.00 X 15 =
. "' II ...n I KC""C~r-1 T+T AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
01-23-2002 CDOO0786 184.21 3}500.00
07-18-2002 CDOO1428 .00 2}684.42
TOTAL TAX CREDIT 6}368.63
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
. IF PAID AFTER DATE INDICATED} SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
IF TOTAL DUE IS LESS THAN $l} NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT.. (CR)} YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
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REV.1500 EX + (6-00)
'*
COMMONWEALTH OF
PENNSYLVANiA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRiSBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
DECEDENT'S NAME (LAST. FIRST, AND MIDDLE INITIAL)
....
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DATE OF BIRTH (MM.DD-Year)
IXIl. Original Return
o 4. Limited Estate
IXI 6. Decedent Died Testate (Attach copy of Will)
o 9. Litigation Proceeds Received
o 2. Supplemental Return
o 4a. Future Interest Compromise (date of death after 12.12-82)
o 7. Decedent Maintained a Living Trust (Attach copy ofT,usl)
o 10. Spousal Poverty Credit (date of death between 12.31.91 and 1.1.95)
OFFICIAL USE ONLY
a..
10/24/2001 08/19/1920
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
)l
FILE NUMBER
2 1 -0 1 1 0 5 5
COuNTY"'COOE' -vEAA- - - NUMaER- -
c1l
f~
Henrietta M. Mont
SOCIAL SECURITY NUMBER
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
1 78- 1 8 - 2 5
8
o 3. Remainder Return (daleofdealh p,iorto 12-13.82)
o 5. Federal Estate Tax Return Required
_ 8. Total Number of Safe Deposit Boxes
o 11. Election to tax under Sec. 9113(A) (Attach Sch 0)
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NAME
Marielle F Hazen
FIRM NAME (If Applicable)
Jan L Brown & Associates
TELEPHONE NUMBER
717-541-5550
Harrisbur
845 Sir Thomas Court, Suite 12
COMPLETE MAILING ADDRESS
X _(15)
141,525.04 x .045 (16)
x .12 (17)
X .15 (18)
(19)
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
o Separate Billing Requested
(1)
(2)
(3)
(4)
(5)
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)
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/See 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)
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
19. Tax Due
(8)
20. 0
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
(11)
(12)
(13)
(14)
PA 17109
101;35000 lee'
I ,i
OFFICIA.L USE ONLY
67,561.90
168,911.90
26,453.34
933.52
27,386.86
141,525.04
141,525.04
6,368.63
6,368.63
, .
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I t Add
ece en s omple e ress:
STREET ADDRESS
11 W Wiltshire Ct
CITY , STATE -, ZIP
Carlisle PA 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
8. Prior Payments
C. Discount
(1)
6,368.63
3.500.00
184.21
Total Credits (A + B + C)
(2)
3,684.21
3. Interest/Penalty if applicable
D. Interest
E. Penalty
T otallnterest/Penalty ( 0 + E ) (3)
4. 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 (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. (SA)
8. Enter the total of Line 5 + SA. This is the BALANCE DUE. (58)
Make Check Payable to: REGISTER OF WILLS, AGENT
2,684.42
2,684.42
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 property transferred; ........................................................................... 0 00
b. retain the right to designate who shall use the property transferred or its income; ........................................ 0 00
c. retain a reversionary interest; or ...................................................................................................... 0 00
d. receive the promise for life of either payments, benefits or care? ............................................................. 0 00
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration?............................................................................................... 0 00
3. Did decedent own an 'in trust for' or payable upon death bank account or security at his or her death? ................. 0 00
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ....................................................................................................... 0 00
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements. and to the best of my knowledge and belief, it is true, correct
and complete.
Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGNATURE OF PERSON RESPONSIB E FOR FILING RETURN DATE
845 Si homas Court Suite 12
HarrisburQ
PA 17109
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% [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 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 orfor 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.
REV-1502EX+(1-97}
'*
SCHEDULE A
REAL ESTATE
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
ESTATE OF FILE NUMBER
Montgomery Paul E 21 01 1055
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 price at which property would be exchanQed
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 of
survlvorshiD must be disclosed on Schedule F.
ITEM
NUMBER
1.
DESCRIPTION
11 West Wiltshire Court, Mayapple Vii/age, Carlisle, PA 17013
See attached tax assessment from South Middleton.
Property is being prepared for sale.
VALUE AT DATE
OF DEATH
101,350.00
TOTAL (Also enter on line 1. Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
101 350.00
~.,~".,," '*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Montaomery Pau I E 21 01 1055
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1.
DESCRIPTION
VALUE AT DATE
OF DEATH
42,536.90
Mellon Bank; Account 0355-071756
2
1999 Econoline Conversion Van
(See attached letter from Family Ford-Mercury, Inc.)
23,025.00
3
Ring with two diamonds
(See attached letter from Facets.)
2,000.00
TOTAL (Also enter on line 5, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
67561.90
, '
REV-1511EX. (1-97)
'*'
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Montgomery. Paul E
FILE NUMBER
21
01
1055
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A.
1.
2
3
4
B,
1.
2,
3.
4,
5,
6.
7,
8
9
10
11
12
13
14
15
16
17
18
DESCRIPTION
AMOUNT
FUNERAL EXPENSES:
Donohue Funeral Homes; funeral expense
Leary & Sons Florist; funeral flowers
Drexelbrook Catering; funeral luncheon
Funeral flowers
8,738.86
561.80
1,1U6.61
46.59
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative (s)
Social Security Number(s) I EIN Number of Personal Representative(s)
Street Address
City
State
Zip
Year(s) Commission Paid:
Attorney Fees Jan L Brown & Associates
Family Exemption: (If decedenfs address is not the same as claimanfs, attach explanation)
Claimant
Street Address
5,912.00
City
Relationship of Claimant to Decedent
State
Zip
Probate Fees Register of Wills, Cumberland County
276.00
Accountanfs Fees
Tax Return Preparer's Fees Betty McCorkle; 2001 tax preparation
50.00
Citizens Bank; estate checks
Register of Wills; filing fees Inventory, Inher Tax, Family Settlement Agmt
Navy Federal Credit Union VISA finance charges; funeral bill
USM; insurance premiums for condo and auto
Meadowridge Mayapple; condo fees Feb 02-July 02
Met-Ed; electric
SMTMA; water and sewer
Sprint; telephone
UGI; gas
GPU; electric
Real estate closing costs; estimate (property not yet sold)
South Middleton Township; tax certification
22.04
42.00
89,10
562.46
450.00
108.22
202.60
17.32
151.07
14.67
8,100_00
2.00
TOTAL (Also enter on line 9, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
26453.34
~''',".,,.,, .
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES & LIENS
ESTATE OF
Montaomerv. Paul E
FILE NUMBER
21 01
1055
Include unreimbursed medical expenses.
ITEM
NUMBER
DESCRIPTION
AMOUNT
225.00
1.
Meadowbrook Mayapple
Condo fees Nov 01-Jan 02
2
USAA; homeowners and auto insurance outstanding bill
131.67
3
UGI Corporation
86.84
4
GPU Energy
114.49
5
Sprint
94.51
6
Judy A Campbell, Tax Collector
Real estate tax
225.01
7
Internal Revenue Service
2001 tax liability
56.00
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
933.52
",."" ""'*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE J
BENEFICIARIES
FILE NUMBER
- P::IlJIF ?1 01 1nfifi
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under
Sec. 9116 (a) (1.2)]
1. Nicole DiDonato granddaughter $5,000
167 North Madison Avenue, Upper Darby, PA 19082
2 Joan M Graci daughter 50% residue
506 Deubler Road, Camp Hill, PA 17011
3 Maureen J Placa daughter 50% residue
6 Harwich Road, Morristown, NJ 07960
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
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
(If more space is needed, insert additional sheets of the same size)
JulIO 02 10:17a
.Jud~ CalT\pb~ll
(717) 2'58-6517
p. 1
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f1/'" " p I
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T A X
I N FOR MAT ION
July 10 I 2002
Cumberland county - South Middleton School Dist. - South Middleton Township
Name as it appears in Tax Duplicate:
MONTGOMERY, PAUL E
%JOAN GRACI
Acct# 40-24-0760-139-U-11
Location: 11 WILTSHIRE WEST
506 DEUBLER ROAD
CAMP HILL, PA 17011
Land
Improvements
Total Assessment
/
\'-...
101,350
101,350 ./
~
"
I
"----.. -.-:--,:..--
T A X
S TAT U S
Tax
Year*
Taxing
Authority
Face A~t
Status
Amt Paid
Date Paid Amount Due
--------------------------------------------------------------------------------
2002
2002
2002
County
Library
Township
207.36
10.44
7.21
PAID
PAID
PAID
207.36
10.44
7.21
07/01/02
07/01/02
07/01/02
2002
School
1,074.31
UNPAID
1,052.82
:::::::::::==::::::=====
Total Due
:1.,052.82
* The school tax year is July 1 of the year shown, through June 30 of the
following year. Both the Township and county use the calendar year.
If prior year info is needed please contact The Cumberland County
Tax Claim Bureau.
I, Judy Campbell, Tax Collector for South Middleton Township do hereby
certify the above information to be the true and correct Tax status
of the above listed property.
(~,{g~~4' /L TA~7 20~~T'o~ L.
_ ll"'_ _ _ _ _ _ _ _ _ _ _ _ _ _
~;; - / (i P/ ,(i ,.2-
DATE
(Please return lower part with payment.)
STATEMENT
Fee for the above certification $2.00
Tax Certification for: MONTGOMERY, PAUL E /
Make check payable to: Judy Campbell, South l'1iddleton To'",nship Tax Collector
6 Hope Drive
P.O. Box 300
Boiling springs, PA 17007-0300
NEW OWNER:
MAILING ADDRESS:
** PLEASE PAY TAX CERTIFICATION WITH A SEPARATE CHECK **
THANK YOut
fAMILY FORD....MERCURY IN
, C.
I 70 York Ri:t,
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camp hill. pennsylvania 17011
(717) 737-1126
17th Janu~y 2002
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LAST Wll..L AND TESTAMENT
OF
PAUL E. MONTGOMERY
I, PAUL E. MONTGOMERY, now domiciled in Cumberland County, Pennsylvania,
declare this to be my Last Will. I revoke all other Wills and Codicils that I may have previously
made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate shall
be paid by my Executors from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executors has to claim reimbursement
for any such taxes which become payable aithe result of any property over which I have the power
of appointment.
Article ill
I give, devise and bequeath in accordance with any memorandum which I have either
handwritten or signed, located with my Will or with my valuable papers and found within 30 days of
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the probate of my Will. Gifts may only be to persons who survive me or to organizations which
exist at my death, and if there is a conflict, the memorandum having the latest date shall govern.
Article IV (SB)
I give and bequeath the sum of FIVE THOUSAND DOLLARS (55,000.00) to NICOLE
DIDONATO of Delaware County, Pennsylvania.
Article V
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath IN EQUAL SHARES to my daughter, JOAN GRACI, of
Cumberland County, Pennsylvania and to my stepdaughter, MAUREEN PLACA, of Morris
County, New Jersey.
However, if a beneficiary does not survive me by thirty (30) days, but leaves descendants
who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the
beneficiary would have received had he or she survived me by thirty (30) days.
Article VI
Except as otherwise provided in this Will, I have intentionally failed to provide for any other
persons or relatives, whether claiming to be an heir and/or relative of mine or not. Insofar as I have
failed to provide in this Will for any of my relatives, and/or issue now living or later born or
adopted, such failure is intentional and not occasioned by accident or mistake. Specifically,
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DENISE PACKARD and her descendents with the exception of NICOLE DIDONATO, are not to
inherit any monies or property, personal or real, under the terms of the Will.
Article VII
If a beneficiary under this Will has not attained the age of twenty- five (25) years, the share of
the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the
terms in Article VIII.
Article VITI
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions of the Trust shall be as follows:
A. To expend and apply so much of the net income and so much of the principal of the
Trust as the Trustee shall consider advisable for the support, health, care and education of the child
until the child attains the age of twenty-two (22) years.
B. Upon attaining the age of twenty-two (22), one-third (113) of the child's share shall be
distributed outright to the child.
C. Upon attaining the age of twenty-five (25) the remaining principal and accumulated
income of the child's share shall be distributed outright to the child.
D. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or
other processes oflaw.
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Article IX
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will or by law, shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
( c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
( d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; to pay from my estate reasonable compensation for all their services,
(i) to conduct along with or with others, any business in which I am engaged in or have
an interest in at the time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
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"
,"
Article X
I hereby appoint my daughter, JOAN GRACI, of Cumberland County, Pennsylvania as
Trustee of any Trust( s) created in this Will. In the event of the renunciation, death, or inability to
act, for any reason whatsoever of JOAN GRACI, I nominate, constitute and appoint my
stepdaughter, MAUREEN PLACA, of Morris County, New Jersey, successor Trustee of any
Trust(s) created in this Will.
Article XI
I nominate, constitute, and appoint my daughter, JOAN GRACL of Cumberland County,
Pennsylvania, and my stepdaughter, MAUREEN PLACA, of Morris County, New Jersey,
Executors of my Last Will and Testament. I direct that my Executors be permitted to serve without
bond and in addition to those powers granted by law, I grant them power to distribute in cash or in
kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living: My
Executors shall receive reasonable compensation for services rendered to my estate.
Article XII
In addition to the powers conferred by law, I authorize my Executors in their absolute
discretion:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
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.'
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(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executors; and to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged in, or have an
interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of
-
fees in effect while their services are performed.
IN WITNESS WHEREOF, I, PAUL E. MONTGOMERY, hereby set my hand to this my
Last Will and Testament, on r'-z..r- ~ ( ,2001.
~~~,\~~
~. E. MONTGO Y
In our presence, the above-named PAUL E. MONTGOMERY signed this and declared this
to be his Last Will and now at his request, in his presence, and in the presence of each other, we sign
as witnesses.
Name
Address !
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I, PAUL E. MONTGOMERY, Testator, who signed the foregoing instrument, having been
duly qualified according to law, acknowledge that I signed and executed this instrument as my Will,
and that I signed it willingly as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and
acknowledged before me by
PAUL E. MONTGOMERY, the Testator,
on f- -:z...s- ~ I .2001.
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N Public
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C-PAULE.M'"ONT ~
NOTARIAL teAL
NUl A.. [(laY. ~'k:Iry Publll:
--...IL.L.!oro Cumberland Ccwniy. PA
..--- . "^""
My ~ Expl.... Feb. 11. ~w..
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testator sign and execute this
instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the
purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and
that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of
sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
sub~ribed to be. fore ~/a rW
~~~
witnesses, on \:....~'l"'""\.~1"\ ';LS ,2001.
~\,,:,~ \~h~
N, . Public
L;' ~M\,;\~ U~L' - -.'
J~WlI<,. t(llttY,f\kti.fV "IIMII
~ !O:-O. Cumberland Ciwl'lljl, M
~ ~ Expl.... ".b. II, :lOl2a
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STATUS REPORT UNDER RULE 6.12
Name of Decedent: Paul E Montqgme~
Date of Death: 10/24/2001
Will No. 2001-01Q~5 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 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.,z3q-
account informally to the parties in interest 9 Yes X No
d Copies of receipts releases joinders arid
approvals of formal or informal accounts may be filed with the ~,':
Clerk of the Orphans' Court and may be attached to this report.
Date · 8/16/2004
Si
Jan L Brown & Associates
Name (Please type or print )
845 Sir Thomas Court Suite 12
Harrisburq PA 17109
Address
( 717 ) 541- 5550
Tel. No.
Capacity: ~ Personal Representative
Counsel for personal
representative