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HomeMy WebLinkAbout05-01-14 IN RE: ESTATE OF FAIRLYN C. HENRY : ORPHANS' COURT DIVISION COURT OF COMMON PLEAS LATE OF TOWNSHIP OF MIDDLESEX : OF CUMBERLAND COUNTY PENNSYLVANIA WILL NO. 2013-1026 ADMIN.NO, 21-13-1026 GIRDER OF COURT AND NOW, this day of , 2014, upon consideration of t Petitioner's Petition for Settlement of a Small Estate Pursuant to 20 Pa.C.S.A. §3102, the proposed distribution of the Estate of Fairlyn C. Henry as set forth in the within Petition is hereby approved and confirmed. BY THE COURT, J. IN RE: ESTATE OF FAIRLYN C. HENRY : ORPHANS' COURT DIVISION COURT OF COMMON PLEAS LATE OF TOWNSHIP OF MIDDLESEX : OF CUMBERLAND COUNTY PENNSYLVANIA WILL NO. 2013-1026 ADMIN. NO. 21-13-1026 PETITION FOR SETTLEMENT OF A SMALL ESTATE PURSUANT TO 20 Pa.C.S.A. SECTION 3102 TO: THE HONORABLE JUDGES OF SAID COURT: The Petition of Gregory W. Henry respectfully represents that: 1. Fairlyn C. Henry died on August 22, 2013, a resident of the Township of Middlesex, Cumberland County, Pennsylvania. 2. Petitioner, Gregory W. Henry, whose address is 7 Spring View Street, Carlisle, Pennsylvania, 17013, 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 September 24, 2013. 4. Decedent died leaving a Last Will and Testament dated September 10, 1980. 5. Decedent's Last Will and Testament provides that Decedent's children, namely, Carol L. Henry, Jeffrey E. Henry and Gregory W. Henry (Petitioner), are the sole beneficiaries. m o rn r 6. At the time of Decedent's death, the only probate asset of which sfie was seizv sue— A ('ry Rl was F&M Trust checking account number XXXXXX5480, with 4,value of = $2,073.02. ° " C' r–� r m 7. In addition to the probate asset of which Decedent was seized at t}ie time of4 ar Cn death, the estate has received the following additional assets: �1 (A) Claremont Nursing & Rehabilitation $2,430.00 Facility Refund (B) 2013 Personal Income Tax Refund 1,168.00 TOTAL $3,598.00 8. Petitioner has paid from these assets the following debts associated with administration of the estate: (A) Accountant Fees for 2013 Return 355.00 (C) Attorney's fees to Griffie and Associates 1,500.00 (D) Probate Fees 133.50 (E) Cumberland Law Journal (Advertising) $ 75.00 (F) The Sentinel (Advertising) $ 168.30 TOTAL $2,231.80 9. Petitioner has paid, or checks written prior to Decedent's death but processed post-death were applied to, the following debts of Decedent: (A) Alert Pharmacy Services, Inc. $ 104.26 (B) Alert Pharmacy Services, Inc. 19.79 (C) Commercial Acceptance Company 89.98 (D) Commercial Acceptance Company 89.80 TOTAL $ 303.83 10. As such, Petitioner has paid all known debts associated with the administration of the estate and known debts of Decedent from the assets in the estate. 11. Petitioner paid inheritance tax on this estate based upon estimated costs of preparing Decedent's 2013 Personal Income Tax Return and an estimated refund, which had given Petitioner a taxable estate of $3,622.39 and inheritance tax due of$163.01, a copy of the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax being attached hereto and incorporated herein as Exhibit"A". 12. Now that the Decedent's 2013 Personal Income Tax Return has been completed, the cost for preparation of the Return is slightly higher and the refund is slightly lower than anticipated, creating a slight overpayment of inheritance tax in this estate. 13. Petitioner will not be filing a Supplemental Inheritance Tax Return. 14. Petitioner has not taken a commission for his services as Executor. 15. Petitioner has advertised the estate as required by law. 16. There are no third parties to whom notice of the filing of this Petition is required other than the heirs named in paragraph 5 above. 17. Notice of the intention to file the within Petition was sent to the two named heirs (other than Petitioner), along with a copy of this Petition, by first class mail, postage prepaid, to the following addresses on April 22, 2014: (A) Carol L. Henry 130 Dorwood Drive Carlisle, PA 17013 (B) Jeffrey E. Henry 281 Small Valley Road Halifax, PA 17032 18. The two named heirs concur in the relief requested herein. 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 8 above, the payment of Decedent's debts as noted in paragraph 9 above, and equal distribution to Petitioner and the other two named heirs in the amount of $990.79 each. Respectfully submitted, riffle, Esquire torn Attorney ID 434349 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 au horitics. DATE: _ GItEGOR HENRY NOTICE OF INHERITANCE TAX APPRAISEMENT, lvania BUREAU OF INDIVIDUAL TAXES APPRAISEMENT, ALLOWANCE OR DISALLOWANCE V DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION OF DEDUCTIONS AND ASSESSMENT OF TAX --- ' REV-1547 EX AFP (BB-13) PO BOX 280601 HARRISBURG PA 17128-0601 DATE 03-24-2014 ESTATE OF HENRY FAIRLYN C DATE OF DEATH 08-22-2013 FILE NUMBER 21 13-1026 COUNTY CUMBERLAND GRIFFIE BRADLEY L ACN 101 200 N HANOVER ST APPEAL DATE: 05-23-2014 CARLISLE PA 17013 (See reverse side under Objections) Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 CUT ALONG THIS LINE------------RETAIN-LOWER-PORTION-FOR-YOUR-RECORDS--4 REV-1547 EX AFP COS-133 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF: HENRY FAIRLYN CFILE NO. :21 13-1026 ACN: 101 DATE: 03-24-2014 TAX RETURN WAS: ( X) ACCEPTED AS FILED ( ) CHANGED APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) •00 NOTE: To ensure proper 2. Stocks and Bonds (Schedule B) (2) CO. credit to your account, OD submit the upper portion S. Closely Held Stock/Partnership Interest (Schedule L) (3) . of this form with your 4. Mortgages/Notes Receivable (Schedule D) (4) .00 tax payment. S. Cash/Bank Deposits/Mist. Personal Property (Schedule E) (5) 6,103. 02 6. Jointly Owned Property (Schedule F) (6) .00 7. Transfers (Schedule G) (7) .00 S. Total Assets (8) 6.103.02 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Mist. Expenses (Schedule H) (9) 2.176.80 10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 303.83 11. Total Deductions (11) 2,480.63 12. Net Value of Tax Return (12) 3,622.39 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) .00 14. Net Value of Estate Subject to Tax (14) 3,622.39 NOTE: If an assessment was issued previously, Lines 14, 15, 16, 17, 18 and/or 19 will reflect figures that include the total of all returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at spousal rate (15) .00 X 00 = .00 16. Amount of Line 14 taxable at lineal rate (16) 3.622- 59 X 045 = 163.01 17. Amount of Line 14 at sibling rate (17) -nn X 12 = .00 18. Amount of Line 14 taxable at collateral rate C18) . 00 X 15 = .00 19. Principal Tax Due (19)= 163.01 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID C-) 11-19-2013 CDO18421 8.15 163.01 TOTAL TAX PAYMENT 171.16 BALANCE OF TAX DUE 8.15CR INTEREST AND PEN. .00 ' .TOTAL DUE 8.15CR IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A CREDIT (CR), YOU MAY BE DUE FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE FOR INSTRUCTIONS. Exhibit "A"