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HomeMy WebLinkAbout08-05-11IN RE ESTATE OF WILMA JEAN THOMAS A/K/A WILMAJEAN H. THOMAS DECEASED PETITION FOR CITATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. na ~~ z: ~ sj "'C7 ,. _ ; ,. ~ ~ J'J ~ f.' _~;~ ___ "" _ T) -~+ _ _- 'til O _~ ~::~ TO THE HONORABLE THE JUDGES OF SAID COURT: AND NOW, this day of comes the Commonwealth of Pennsylvania, by Thomas O. Armstrong, Ph.D., Acting Deputy Secretary for Taxation, for Daniel Meuser, Acting Secretary of Revenue, who avers: 1. That Wilma Jean Thomas A/K/A Wilmajean H. Thomas, deceased, (hereinafter referred to as "the Decedent"), died on October 17, 2006. 2. That a Petition for Probate of the Last Will and Testament and for Grant of Letters Testamentary was made by Charles E. Hall, Jr., Executor, (hereinafter referred to as "the Executor"). Letters Testamentary were granted to the Executor on October 19, 2006. Attached hereto and made a part hereof is a copy of a document attesting to said date on which Letters were granted marked Exhibit "A." G 3. That on November 15, 2010, a certified demand letter was sent to the Executor, advising that the Inheritance Tax Return for the Decedent had not been filed. Said letter was returned marked "unclaimed." An investigation was conducted that verified the residence and existence of said Executor. Attached hereto and made a part hereof is a copy of said letter and unclaimed envelope marked Exhibit "B." 4. That as of the date of this Petition no Inheritance Tax Return has been filed by the Executor of this estate as required by Section 1736 of the Act of December 13, 1982, P.L. 1086, No. 255, (72 P.A. C.S. § 1736). 5. That under Section 2176 of the Act of August 4, 1991, P.L. 97, No. 22, (72 P.S. § 9176), the Secretary of Revenue is authorized to request the Court to issue a Citation directed to those subject to any duty imposed by the aforesaid Act, commanding such persons to appear and show cause why the requirements of this Act should not be met. WHEREFORE, your Petitioner prays your Honorable Court to issue a Citation upon the Executor, directing the Executor to appear and show cause why said Inheritance Tax Return in the estate of the Decedent should not be filed as required by law; and to further direct that the costs of this action shall be borne by the Executor. COMMONWEALTH OF PENNSYLVANIA BY ~ Thomas O. Armstrong, Ph.D. Acting Deputy Secretary for Taxation FOR: Daniel Meuser Acting Secretary of Revenue COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN Thomas O. Armstrong, Ph.D., Acting Deputy Secretary for Taxation, for Daniel Meuser, Acting Secretary of Revenue, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Thomas O. Armstrong, Ph.D. Acting Deputy Secretary for Taxation For: Daniel Meuser Acting Secretary of Revenue Sworn to and Subscribed before me this ~ ^ day of r' i z0 t I ~~.~.~, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sue E. Hetrick, Notary public City of Harrisburg, Dauphin County My Commisslpn Expires April 10, 2014 Member, Pennsvlvanla Association of Notaries Page 1 of I Register df Wills of G~3mhertand County OATA Qi? PERSOhtAL REPRF,SFNTAT[VE C(IMtitONWLAL7fi OF PENNSYLVANIA l SS: COUNTY pF CUMBERLAND The petitioner(s) tbovernamed sweu(a) a afritrrt(t) that the sutcrosnu in tha foregoing petition ue true and conxt to the heft of rho knowledge and bslicf of pditiontr(t) and that as prrsonal representative(t) of tlx apove deccdenl petitioner(s) will well and w-y .dminitter the elute accord' a law, Swom to or lffitmed to a(tbsCribed ~ ----- Deforx, th s Y` ~y of f h ..-.. y U_____~.!-. .20 t L ~~ ~~~ ~r~cs St~.s~ ~ /' t~.Regufr~ r 'It Nt,.~~J Egate of , w ~ l ~a~l~-~- ~r7/«'Daeatrd oEC)z~>E or PROr~,~r», n~t~ cxAty°T o~ >:,~rr>J>zs AND NOW .~7)Ith~ r ~! 2r~' , in oonsidtratlon oCt1u petition on ttta revcru lids hereof satisfactory proof bruin` ban ntettntEd ba(ote rne, 1T 15 DECREED that the instrurtxnt(a), dated ~~n ` ~-''' ~ 2Gx1'7_ , described theroin be admitted to p~j filad of tvc a the last will of •rr~ IrnPJ~++7....Lfkdwor :and Lcittrs ara hereby granted to `~.j_~..,~~~ ~~~ 1r Register of Wills L~ FEES ~ ~~ Probate. Leuera, Etc .............. 5 _~ t2 ^ ~-~r~r%rr~-" -~ ~/1 ~V/IyLS Will ................................. S / •~' 1q].. Attorney (Sup. Ct, l.D. No.) ~"2 7~' ~' ?/- ~'_ Renun:iatlon ....................... S .,~ Gi..•h{~~ ~ .5.~~ _ ~.~'_ Short Ccrtifrcatss ( ) ..,......... S 1CP .....:............................ S ~.,dU Addtpss C',~I2C-cf~J ~/~ /~'~ ?i Auwmatioo Fes ................... S tad $ond .............................H.i S . : ~~ I~iled - U 1 a 1 ~ y 20--.- )~ ~~d~ Phone - q 1 :~ 4{d 6 110 9001 •, •,.. 3 7:~d~J ~3~:~;~J~b EXHIBIT ~ http://records.ccpa.net/weblink~ublic~rint/InzageDisplay.aspx?cache=yes&sessionkey=... l i/12/2010 Page l of I .~` Register of Wills of Cumberinnd County PETITION FOR PROBATE, and GRANT OR LETTERS E:rmrr aj ~/.rl / ..S' No. ~ ( Q It a ~r~-1 _ also known as„~ To; „7 _ Rtglsler of Wills for tho Drc~ascd. - Gounty of Clrmberland in the Socra! Security No. ~~ ~=g'~'y~ Commonwealth of Pennsylvania Tha petition of the undersigned rotpectfolly rtpretcnu that: Your petilioner(a), who israre 18 years of aYe or older, and tho axocutQ~ named in the last will of the about dcceden4 dated tTe-~v+~~_~ , 2D ~2 - end codicil(s) dated '' - (aloe rckvant a&curenuncss, e.g. rcnvn:lctloo, death of exetulw, sic.) 'ptxodent was domiciled al death In C'-r_~~n pia.-(~.,. ~ County, Pennsyivanla, with hr-j]:t funny or incipal rcaidcnu at IG 2 .c.f,v c Q~ t5>>: a.~.c-u t; ~_ ~''~` ~ i-c7~3 (list strat ,number and municipality) Decedent, t}tcn'~7 years of sge, died t7' /~~, ZO,Q~ , al ,~*1J~+'~ ~e=~~~ a- ~ ~" . F;xcepi ds follows, decedent did not marry, w-s not drvorccd and did not have a child bam or radopled alto execution of the will olrerad for ptubate; was not the victim of n killing and was nevtr adjudicated irscampetent: /S'Lr~ - Decedent at death owned property with estimated valur:s u follows: (If domiciled in P:,} All personal Property S ~r~~ , ~~ (if not domiciled In Pa.) Petxanal property in Pennsylvania S (if not domiciled In Pa.) Personal ptvpcrty in County S Value of troal esate In Pennsylvania S situated as follows: R'IiL+REPOkC', petitioners} rtspcct[u11y request(s) the probate of the Last will and codicil(s) presented herewith and Ute grant of fellers 7`"E.S M T" /L ~ ' (icstamen ; atkninistntion e.t.n.; sdminiatntion d.b.n.c La } 1lxrcon. rc a of Petitions s 9r ., ', .,.'~ItiE~'° (b . ~ ., £ t ~~ Nd 6 114 g44t Residence(s) of Petitioner(s) pCH J ~ I T t~ http:/h~ecords.ccpa.net/~~reblink~ublic~rinUImageDisplay.aspx?cache=yes&sessionkey-=... 1 I /12!2010 s COIVIfvIOt~t~VEALTH OF PENNSYLVANIA HARRISBURG DfSTRICT OFFICP. DEPARTMENT OF REVENUE PA DePaRt~terr-r op Revenue Is2ssrv+~er owve }IARRISBUAG PA 17103-1256 Date: CHARLES E HALL JR Estate of; 7 BEVERLY COURT THOMAS CARLISLE PA 17013 Date of Death File Number; Dear CHARLES E HALL JR: RHV-859 FO AFY (07-A's) 11/15/2010 WILMAJEAN H 10/17/200b 21 06-0921 Deparment records indicate you are responsible for the settlement of the above estate or that you represent the responsible party. As of this date, you have failed to resolve this matter. Phis is to again advise you chat the estate is in delinquent status, as it remains unsettled. The Inheritance and Estate Tax Act mandates the filing of a tax return and payment of all outstanding liabilities by a personal representative or a transferee of an estate within nine months of a decedent's death. Department records show that this estate remains open because: AN INHERITANCE TA,Y RETURN II1~S NOT BEEN FII~ED. If the return was filed, please contact this office immediately. If this estate tivas opened for the purpose of filing a lawsuit, please provide the term and docket number of the proceeding; in writing to this office so that we may postpone any further action, Under Act 40 of 2005, additional collection costs, including but not limited to fees of up to 39 percent of the amount due and attorney fees incu~Ted in securing payment, may be imposed on any liability not paid prior to referral to a collection agency or contract counsel. This notice shall serve as a formal demand on you or your client from the Department of Revenue. If you fail to file the return, the Department may file a citation requiring you to appear in court to show cause for your failure to comply with the law. A finding of contempt in this matter could subject you to additional penalties and/or incarceration by the Orphans' Court of Cumberland County. RETURNS SHOULD BE FILED AND CHECKS IYIADE PAYABLE TO: REGISTER OF WIY,LS, AGENT Direct any questions regarding this estate to: HARRISBURG DISTRICT OFFICE PA DEPARTMENT OF REVENUE 1825 STANLEY DRIVE HARRISBURG PA 17103-1256 Sincerely, Anastasia DiBartolomeo C717)425-770G cc: tXHI SIT (~ lIJ ~.1 1...~ ~ ~') ~- c) ,_ ;) } rl. ri ) IJI`,:sl ~1 :~ `~:~ ~` s, J ', ',:~1,1~~,~ ,,,, Jti: 1 1'1 i~l 1 ~I`I) l , Jr ~ :,~. j ~L :t IY4~ y ~) 7 iir~Y~`1 \\ t R.~~ l.~ ? r t_ .. ~ i... 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