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HomeMy WebLinkAbout01-18-13IN RE: ESTATE OF CHARLES H. HOCKLEY :ORPHANS' COURT DIVISION LATE OF TOWNSHIP OF SOUTH MIDDLETON :COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA N0.21-12-0407 -~.: ~ ~=~~~ ~ c w ~' m ~._ PETITION FOR SETTLEMENT OF A SMALL ESTA~ _`„ `~'~~ 4`,k ~~ ~ ;,;,::t ~,P: PURSUANT TO 20 Pa.C.S.A. SECTION 3102 ~`X " '`` C=" ~`' -_, ~_ __: TO: THE HONORABLE JUDGES OF SAID COURT: ~. ~ , c...~ ._ z ...~ r ~ 7 u"s The Petition of Malcolm D. Hockley respectfully represents that: ~. ~ i 1. Charles H. Hockley died on February 19, 2012, a resident of the Township of South Middleton, Cumberland County, Pennsylvania. 2. Petitioner, Malcolm D. Hockley, whose address is 1 Peach Court, Garnders, Pennsylvania, 17324, is the Executor of Decedent's Estate. 3. A Certificate of Grant of Letters Testamentary was issued to Petitioner by the Register of Wills of Cumberland County Pennsylvania, on April 13, 2012. 4. Decedent died with a Last Will and Testament dated October 24, 1972. 5. Decedent's Last Will and Testament provided for the specific bequests of Decedent's wood working tools, hunting dogs, gear and equipment to pass to Petitioner. 6. The items listed in the specific bequests did not exist and were not in Decedent's possession for a substantial number of years prior to his death and, therefore, were not part of this estate. 7. Decedent's Last Will and Testament provides that Decedent's spouse, Mildred P. Hockley, is the sole heir of Decedent's residuary estate. 8. At the time of Decedent's death, the only probate assets of which he was seized was his and his spouse's marital residence located at 217 West Pine Street, Mt. Holly Springs, South Middleton Township, Cumberland County, Pennsylvania. 9. Pursuant to the terms of Decedent's Last Will and Testament, Petitioner has transferred the said real estate to Decedent's spouse who resides at that residence. 10. Petitioner has paid from his personal resources, and other family resources, the following debts associated with administration of the estate: (A) Probate fees paid and anticipated $ 297.00 (B) Attorney's fees to Griffie and Associates $1,600.00 (C) Family Exemptions $3,500.00 (D) Hollinger Funeral Home and Crematory, Inc. $10,955.79 TOTAL $16,352.79 11. As such, Petitioner has paid all known debts associated with the administration of the estate from his personal and other family resources. 12. As there were no probate assets in the estate, other than the real estate, no funds exist in the estate at the conclusion of the administration of the estate. 13. There are no assets of Decedent nor the Decedent's estate from which any additional distributions can be made. 14. There are no additional claimants or creditors of whom the Petitioner has knowledge who have not received full compensation. 15. As the only probate asset or other taxable asset in the estate is the real estate passing to Decedent's spouse, no Pennsylvania Inheritance Tax was due, but an Inheritance Tax Return was filed and has been confirmed as per the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax which is attached hereto and incorporated herein as Exhibit «A„ 16. Notice of the intent to file this Petition has been provided to Decedent's sole heir, Mildred P. Hockley. WHEREFORE, Petitioner requests your Honorable Court to approve settlement of this estate with payment of debts associated with administration of the estate as noted in paragraph 10, and the distribution of the Decedent's real estate to his spouse and sole heir, Mildred P. Hockley, and with no additional disbursements to the named heir. Respectfully submitted, ie, Esquire ney Petitioner Attorn ID#34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties. of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: '-'~ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 BRADLEY L GRIFFIE 200 N HANOVER ST CARLISLE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ~ Pennsylvania DEPARTMENT OF REVENUE REV-1547 EX AFP t09-12) DATE 11-26-2012 ESTATE OF HOCKLEY CHARLES H DATE OF DEATH 02-19-2012 FILE NUMBER 21 12-0407 COUNTY CUMBERLAND ACN 101 APPEAL DATE:. 01-25-2013 PA 17013 - 2423 (See reverse side under Objections) A®ount Reuitted ~- -~ MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 CUT ALONG THIS LINE --~ RETAIN LDWER PORTION FDR YOUR RECORDS F REV-1547 EX AFP C12-11~ NOTICE DF INHERITANCE TAX APPRAISEMENT,'~-L-LOWANCE OR -- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF: HDCKLEY CHARLES HFILE N0.:21 12-0407 ACN: 101 DATE: 11-26-2012 TAX RETURN WAS: C X) ACCEPTED AS FILED ( ) CHANGED APPRAI SED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) C1) 140, 900.00 NOTE: To e 2. Stocks and Bonds (Schedule B) C2) .00 nsure proper credit to your account, 3. Closely Held Stock/Partnership Interest (Schedule C) C3) ,0 0 submit the upper portion 4. Mortgages/Notes Receivable (Schedule D) yr 0 0 - of this form with your C . tax payment. 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) .00 6. Jointly Owned Property (Schedule F) C6) .0 0 7. Transfers (Schedule G) ' C7) . 00 e. Total Assets C8) 140 .900 . DO APPROV ED DEDUCTIONS-AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) Cq) _ 16.3 5 2.79 10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) _ 2 .7 54.69 11. Total Deductions Cil) 19, 107.48 12. Net Value of Tax Return C12) 121 , 792.52 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts tSchedule J) 0 0 14. Net Value of Estate Sub3ect to Tax C13) . 121 792 5 C14) _ , . 2 NOTE: If an assessaent was issued previously, Lines 14, 15, 16, 17, 18 and/or 19 will reflect figures that- include the-ta-t al of all returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at spousal rate C15) 121,792.52 X 00 - .00 16. Amount bf Line 14 taxable at lineal rate (16) n D X 04 5 = .0 0 17. Amount of Line 14 at sibling rate C17) - n0 X 12 = . 00 18. Amount of Line 14 taxable at coilateral rate C18) .0 0 X 1 5 .00 19. Principal Tax Due C19)= TAX CREDIT .00 S: PAYMENT DATE RECEIPT NUMBER DISCOUNT C+) INTEREST/PEN PAID (-) AMOUNT PAID Exhibit "A" * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. TOTAL TAX PAYMENT .00 BALANCE OF TAX DUE .00 INTE'tEST AND PEN. .00 TOTAL DUE .00 IF TOTAL DUE IS REFLECTED AS A CREDIT CCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE FOR INSTRUCTIONS. IN RE: ESTATE OF CHARLES H. HOCKLEY :ORPHANS' COURT DIVISION LATE OF TOWNSHIP OF SOUTH MIDDLETON :COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 21-12-0407 CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the ~~ ay of January, 2013, cause a copy of the within Petition for Settlement of Small Estate to be served upon all creditors by certified mail, return receipt requested, at the following address: Mildred P. Hockley 217 West Pine Street Mt. Holly Springs, PA 17065 DATE: ~ S~~ ~ `3 ffie squire ttorney for Petitioner Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552