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HomeMy WebLinkAbout03-0786PETITION FOR PROBATE and GRANT OF LETTERS also known as ' To: Social Security No. ~0~) -d-~ _~ } ll~eceased. Register of Wills for the County of Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 vears of age or older an the executOP~ in the last wilt of the above decedent; dated x.]L~l~, ~o:)qSA and~ codicil(s) dated '"' --0t ....... ' O- in the named , t-9--- (state relevant circ,mstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in ~n~l::erla,~6 County Pennsylvania, with last family or principal residence~t I~0 Gr~v,e~ ~e, ~rti~lC, PK ~WOt ~ (list street, number and muncipality) D~endent, then ~ years of age. died k~~r ~ , ~~ , Except a~ follo(v~decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompelenl; Deccndent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 30,000,,00 (If not domiciled in Pa.) Personal property in Pennsylvania $ {il not domicilcd in Pa.) Personal property in County $ Vahw of real estate in Pennsylvania ...... $ si,~:~ ~ rollo,,,~: 140 'Gr~m~',c~ l~,¢a:Ca~ts~lg:C_~mberlcm& Co~n~, P& ~' Ii0: \\ HEREFORE, petitioner(s) respect fulls' refl_uest{s), the probate of the last will and codicil(s) presented herewith and the grant of letters_~.2g~b~meWh:xrtJ ' (testamentary; administration c t.a.; administration d.b.n.c.t.a.) lhcI (.)il. ' OATH OF PERSONAL REPRESENTATIVE COMMON%'EALTH OF PENNSYLVANIA -~ CO['NTY OF Cumberland ) sS The petitioner(s) above-nan]ed swear(s) or affirm(s) that the statements in the foregoing petition are truc and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tatix'cl } or ~he above decedent petitioner(s) will well and truly administer the estate according to law.  Sx, or~ To or al't'irn, cd and subscribed ~- ~_a.,o ~~.~~ ~ before mc~> __ 30~ __ day of / ~_ ~- a' _ No. 21-2003-786 Estate of ~illi6~ ~e~0~¢ Coch~h DECREE OF PROBATE AND GRANT OF LETTERS ,Deceased AND NOW ~b~3" ' , 30th t~00~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented beft~ me, IT IS DECREED that the instrument(s)dated ~_~l.x/~.j ~ lq8 desm'ibed therein be admitted to probate and filed of record the last will of IA J[ l/i&t~L~ ,(~1:3,,~ and Letters ' e~{0-mq_e~tq,/ are hereby granted to ~t'-0 [ Te4a Nd+cc FEES Probate, Letters, Etc .......... $ 235.00 Short Certificates(6 ) .......... $ 18.00 Ra~lm~z¢~¢..x-P .agos. (..3) $ 9.00 JCP $ 10.00 TOTAL __ $ 272.00 Filed . .Se. p.t..em.b.e.r..3 0. .t .h., . ?.. 0. .0 .3 ........... Executrix Carol P. Ho!ter will oick up letters 9/30/03. Donna M.Otto, 1st Deputy , A~ORNEY (Sup. Ct. I.D. No.) ADDRESS J ' PHON~ his 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. Fee for this certificate, $2.00 ~ ~ ~ Local Registrar P 9609922 S£P 2 6 No. ~ Date mos.~,. 2m? COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH - VITAL RECORDS CERTIFICATE OF DEATH ,. William G Carbaugh · ,. v~ ~ 208 -- 24 --2115 , 9 25 2 ~.-~ ~, ~.,~ ~ ~.,~ , o~.o._. , _~,~ I~ ...... It I. / / 003 J ~=- ; ~ J ' I'. [,.. ~nlte . I,,~ =z~z o~zVX~l,,. I~, 12~ I "4~*', Wi~d 140 Gr~nvi~ Dri~ ]~ ".*~ ~ ,,.~ ~.~South d~eton ,~rlisle, PA 17013 ,,. Willi~ L. M. ~r~uqh i~,.~,.s~¢,~.~.~l ~.-% ~ ~ie ~ck ~n I~rs~~'~.~ [~ 7909 ~ Fa~ ~d, Fr~rick, ~ 21702 I--..-, ~ ~ ~,,,. 9/29/2003 ~,,~t. Pl~_nt ~urch ~. ~,,, S~tl~d, PA .- .~'-~~~ f / ~/~ Im ~ 012633 L ~ Brothers ~er . ' ~'~-~~*;~ m~,~ ...... ~-. ~ Ira. 9 al ~. ~]~le, PA 17013 ~~ I ~.. , I t~ I / -- / I~ 0 .~,- OI I I~ 0 ~0 I ' ~ ............................................ ~,, ~/1~ 21-2003-786 LAST WILL AND TESTAMENT OF WILLIAM GEORGE CARBAUGH I, WILLIAM GEORGE CARBAUGH of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. LAW OFFICES FISI~MAN & HESS CARLISLE, PENNSYLVANIA 17013 FIRST I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment, owned by me at the time ~t~y~d~a~t~~~~u~~h~~f~d~u~ys~~t:~yI~It authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall ~designate. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shalli consider necessary and desirable, for the purchase, erection and inscription i of a suitable marker for my grave. SECOND I give, devise and bequeath all my estate of whatever nature and wherever situate unto my wife, RETA JEANNE CARBAUGH, provided that she survives me by thirty (30) days. THIRD In the event my beloved wife, RETA JEANNE CARBAUGH, does not survive me, or does not survive me by the said period of thirty (30) days, I then give, devise and bequeath all of my estate of whatever nature and wherever situate, in equal shares, unto: CAROL RETA HOLTER of R. D. #3, Box 245, Middletown, Maryland 21769; CYNTHIA FLEAGLE and MELODYE McQUEEN, 8629 Indian Springs Road, Frederick, Maryland 21701; TERRI JEANNE CANNON of 7909 Edgewood Farm Road, Clover Hill, Frederick, Maryland 21701. Should any of the above desire to select specific property and take the same in kind, then an appraisal shall be ~ made of the property so selected and charged against that person's share in thei estate. FOURTH I direct that no trustee, executor, guardian or other fiduciary named, nominated or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of court of the Commonwealth of Pennsylvania or any other juris- diction to the contrary notwithstanding. FIFTH My executor and trustee shall have the fOllowing powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal and mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without courlt approval, and effective, with respect to each item of said property, until actual distribution thereof. A. To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversi- fication, and to purchase and acquire real or personal property, and to hold any or all of such real and personal property retained or acquired without making the same productive of income. B. To permit the heirs, or any of them, to occupy any real estate retained or acquired upon such terms and conditions as my trustee shall deem proper. C. To pay all taxes, charges and expenses of maintenance, upkeep, improve- ments, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said trustee shall determine. D. To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or share holder in any corporation, and to lease, mortgage, pledge, give option upon or sell at public or private sale and without approval of any court and without any responsibility to the buyer or buyers to see to the application of the purchase price, any real or personal property, or portion or portions thereof, irrespective of the manner or means by which the same was acquired by my said trustee. E. To make payment or distribution herein provided for in cash, kind, or partly in cash and partly in kind, at valuations fixed by my trustee at the time of distribution. SIXTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to my heirs or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation assignment, pledge, or obligations of any beneficiary and shall not be subject to any execution or attachment. SEVENTH I appoint my wife, RETA JEANNE CARBAUGH, Executrix of this my Last Will and Testament. Should my wife, RETA JEANNE CARBAUGH, fail to survive me or for any reason fail to qualify as Executrix, then I appoint CAROL RETA HOLTER, Middletown, Maryland, Executrix of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my signature in the margin for the purpose of identification, Signed, sealed, published and declared by the above named testator, WILLIAM GEORGE CARBAUGH, as and for his Last Will and Testament, in the presen¢ of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA: :SS. COUNTY OF CUMBERLAND : 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 that he signed willingly, and that he executed 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 witnesses, and that to the best of their knowledge, the testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this ~© ~ ~ '~ day of ~ &~. , 1983 N! ,' ~ , .., ":~:~SI~,N EXPIRES DEC. 3 LAST WILL AND TESTAMENT OF WILLIAM GEORGE CARBAUGH LAW OFFICES FISHMAN & HESS 128 SOUTH HANOVER STREET CARLISLE. PENNSYLVANIA 17013 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Date of Death: Estate No.: To the Register: William George Carbaugh September 25, 2001 21 - 03 - 0786 I certify that notice of the beneficial interest estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on November 10, 2003. Name Address Carol Reta Holter Terri Jeanne Cannon Ortiz Melody Long Mary Cynthia Fleagle 4501 Valley View Road, Middletown, MD 21769 P.O. Box 937, Bailey, CO 80421 11940 Martins Lane, Blue Ridge Summitt, PA 17214 8629B Indian Springs Road, Frederick, MD 21702 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None Date: November 10, 2003 Capacity: Signature SALZMANN, HUGHES & FISHMAN, P.C. Name: Address: Telephone: X Steven J. Fishman 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 __ Personal Representative Counsel for Personal Representative BUREAU OF ZNDTVZDUAL TAXES INHERITANCE TAX DTVZSTON HARRISBURG, PA 1712:8-0601 SALZMANN ETAL 95 ALEXANDER SPRING R CARLISLE}~,'; PA 17015. COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOHANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE 10-11-200q ESTATE OF CARBAUGH DATE OF DEATH 09-25-2005 F]:LE NUMBER 21 05-0786 COUNTY CUHBERLAND ACN 101 I Amount Ramnittod REV-1547 EX AFP WILLIAM G HAKE CHECK PAYABLE AND REHZT PAYHENT TO: REGISTER OF WILLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THZS LZNE ~ RETAZN LOWER PORTZON FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTICE OF ZNHERZTANCE TAX APPRAZSEHENT, ALLOWANCE OR DZSALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX ESTATE OF CARBAUGH WILLIAH GFZLE NO. 21 03-0786 ACN 101 DATE 10-11-ZOOq TAX RETURN WAS: (X) ACCEPTED AS FZLED ( ) CHANGED RESERVATION CONCERNZNG FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Sohadulo A) (1) 2. Stocks and Bonds (Schedule B) (2) :5. Closely Held S~ock/Partnership Interest (Schadulo C) ($) ~. Nortgeges/Notas Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 6. Jointly Owned Property (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. Tote1 Assets APPROVED DEDUCTIONS AND EXEMPTTONS: 9. Funeral Expanses/Adm. Costs/M~sc. Expanses (Schedule H) (9) 10. Debts/Mortgage Liabilities/Liens (Schedule Z) (10) 11. Tote1 Deductions 12. Nat Value of Tax Return 121~000.00 .00 .00 .00 12~881.00 .00 NOTE: To insure proper credit to your account, submit the upper portion of this fora with your tax payment. q7~257.00 (s) 181,118.00 57,106.00 11~697.00 (ti) q8.803.00 (la) 152,515.00 13. lq. NOTE: ASSESSMENT OF TAX.- 15. Amount of L/no 1~ a~ Spousal rato 16. Amount of Line 1~ taxable at Lineal/Class A rate 17. Amount of Line lq at Sibling 18. Amoun~ of Line 1~ ~axable a~ Collateral/Class B ra~e 19. Prlncipal Tax Due TAX CREDITS: PAYMENT RECEIPT DZSCOUNT DATE ~HBER INTEREST/PEN PAID (- 08-16-ZOOq Charitable/governmental Bequests; Non-elected 9115 Trusts (Schedule J) (13) .00 Net Value of Estate Subject to Tax {lq) 152,515.00 If an assessBent ~as issued prev/ously, 1/nos 14, 15 and/o~ 16, 17, 18 and 19 re~lect ~lgures that /nclude the total o~ ALL returns assessed to date. CD00qZ77 (lB), .00 x 00 = .00 (16), .00 X 0qS= .00 (17), .00 X 12 : .00 (lB), 132,315.00 x 15 : 19,8q7.00 (~9)= 19,8q7.00 AHOUNT PAID ZF PAZD AFTER DATE ZNDZCATED~ SEE REVERSE FOR CALCULATZON OF ADDZTZONAL INTEREST. 113.52- 19,961.00 TOTAL TAX CREDIT BALANCE OF TAX DUE ZNTEREST AND PEN. TOTAL DUE 19,8q7.q8 .q8CR .00 .q8CR ( ZF TOTAL DUE TS LESS THAN $1~ NO PAYMENT TS RE{IUIRED. ZF TOTAL DUE IS REFLECTED AS A "CREDTT" (CR), YOU ,AY BE DUE~ A REFUND. SEE REVERSE STDE OF THTS FORM FOR ZNSTRUCTZONS.} RESERVATION: PURPOSE OF NOTICE: PAYMENT: REFUND OBJECTIONS: ADMIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: Estates of decedents dying on or before December 1g, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the Iawfu! Class B (collateral) rate on any such future interest. To fulfill the requirements of Section Z140 of the Inheritance and Estate Tax Actj Act Z$ of ZOO0. (7Z P.S. Section 91q0). Detach the top portion of this Notice and submit with your payment to the Register of #ills printed on the reverse side. --Hake check or money order payable to: REGISTER OF #ILLS, AGENT A refund of a tax credit, which ams not requested on the Tax Returnj may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-151S). Applications ara available at the Office of the Register of #ills, any of the Z3 Revenue District Offices, or by calling the special 24-hour answering service for forms ordering: 1-800-562-Z050~ services for taxpayers with special hearing and / or speaking needs: 1-&OO-447-$OZD (TT only). Any party in interest nat satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object aithin sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. Z810Z1, Harrisburg, PA 171ID-IaI1, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue~ Bureau of Individual Taxes, ATTN: Post Assessment Reviea Unit, Dept. ZB0601, Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page S of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-IS01) for an explanation of administratively correctable errors. If any tax due is paid within three (3) calendar months after the dacedent's death~ a five percent (SZ) discount of the tax paid is allowed. The 1SZ tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1~ 198Z bear interest at the rate of six (6X) percent par annum calculated at a daily rate of .000164. AIl taxes which became delinquent on and after January 1, 1982 will boar interest at a rata which will vary from calendar year to calendar year with that rata announced by the PA Department of Revenue. The applicable interest rates for 198Z through ZOO4 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor ~ ZOZ .OO05qB ~T~'8-1991 11Z .000301 ~ 97. .O00gq7 1983 167, .000436 199Z 9Z · 000Z47 ZOOZ 6Z .00016q 19B4 117. .000~01 1993-1994 77. .00019Z ZOO3 SZ .000137 1985 13Z .000356 1995-1996 9Z . O00Zq7 ZOO4 4Z .000110 1986 lOX .000274 1999 72 . O0019Z 1987 107' .000274 ZOO0 77' .000192 --Interest is calculated as folloes: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DEL]ENQUBNT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown an the Notice, additional interest must be calculated. LL! ::~~:' - , , [,- c. ') \ t~+~': 11 C-, CC C', (--,:' ( ,- CJ~_ STATUS REPORT UNDER RULE 6.12 Name of Decedent: WILLIAM G. CARBAUGH Date of Death: September 25, 2003 No. 21-03-0786 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 _ 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 X No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? X Yes No d. Copies of receipts, releases, joinders and ap ovals of formal or informal accounts may be filed with the Cler f rphan's Court and may be attached to this report. Date: 9/6/05 I,. C~. , r- en. "'."-"- 1'-. I C') Capacity: e, X Personal Representative Counsel for Personal Representative 0J~ Cumberland County - Register Of wills One Courthouse Square Carlisler PA 17013 Phone: (717) 240-6345 Date: 8/30/2005 FISHMAN STEVEN J 95 ALEXANDER SPRING RD SUITE 3 CARLISLEr PA 17013 RE: Estate of CARBAUGH WILLIAM GEORGE File Number: 2003-00786 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULESr NO. 103 SUPREME COURT RULES DOCKET NO. 1r for decedents dying on or after July 1r 1992r the personal representative or his counselr within two (2) years of the decedent's deathr shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 9/25/2005 Your prompt attention to this matter will be appreciated. Thank You. SincerelYr ~ ~.L.J/j ... .. j Jd(~b#;1taqlf.-' . ..~ .". . STRASgAtrGH REGISTER OF WILLS cc: File Personal Representative(s) Judge ep