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I
PETITION FOR PROBATE and GRA~T.OF LETT~RS.
Estate of Elwood S. Hochstetter No. ~ - () /- '-SC/
also known tiS nl a To: I
Register of Wills fOT the
Deceased. County of Cumber lan9 in the
Social Security No. 165-18-7 42~ Commonwealth of Penns)4,vania
The petition of the undersigned respectfully represents that: I
Your petitIoner(s), who Is/are 18 years of age or older an th.e excfut named
in the last will of the above deced~t dated November 16 , 19 93
and codicil(s) datect none. Said Will names Ruth G. Hochstetter as~ ExecutriX
but she dled 4/25/99. The Will also names Cliftbn H. Franks. Esquire a~
substitute Executor and he has executed a RenuncQation dated 2/24/01 jn
~avor of the Petitioner. I
(Slate relevant cirCnI1\SI'anCes, e.g, renuDc:iation, deat" ~lr'cll.eCOll)r. etc.)
I?ecendent was domiciled at death in Cumberland I County, Pdmsylvania, with
C lS last family or principal residence at Manor Care. Walnut Bottom ~oad"
arlisle, Pennsylvania I
(list SIJ'eel. number and ml.Ln~jpaJity) I
Decendent, "then. 84 years of age, died February B i\1C~ 2001 ,
at I I .
Except as follows, decedent did not marry, was not djvorced and did not have a child born or adopted
after execution of the will offered for probate; was not "the victim 0" a killing and was n'ver adjudicated
incompetent: I
Oecendent at death owned property with estimated values as fOllo!ws:
(If domiciled in Pa..) AU personal property I $
(If not domiciled in Pa_) Personal propeny in Pennsylvania $
(If not domiciled in Pa.) Personal propert~ in County $
Value of real estate in Pennsylvania $
situated as follows:
I
I
WHEREFORE, petitioner(s) respectfuUy leques~(s). the PfC?b&te of the last wilt and (;Odj~il(s)
presented herewith and the grant of letters 0 admlnlstra tloh c. t. a. J
nt:.~lamel\t3ry: adminilltratiol'l C.l.",; admtl"Ji~lratlol'l d.h,n,t.t.a.)
theron.
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Willi~m D. Griffith~
64 Oltl Stonehouse R~ad
Carlisle. PA 170131
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA }" S8
COUNTY OF CUMBERLAND
The pctitioner{s) above-named swear(s) Or afflrm(s) tbat the statements in the forc:' ing petition are
true and correct to the best of the knowledge and belief of petitio~er(s) and that as p rsona) repre$cn-
talive(s) of the above decedent petitioner.(s) will well and truly administer the estate cording to law.
~worn to or affirmed ,lnc.l subscribed { '. I.. . ~
beforemethis~ 7 - daY of Wllllam D.IGrlfflths ~
Iy.- ~ .1 xu: L001 (" _I ~
~~(' )f;/::~".f'k 'lI{.~S},-O:;:;;~ WJ..\.~~JI ~~ ~
I RegISter I ,~
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WARNING: IT IS IllEGAL TO ALTER THIS COpy OR
TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH.
21-01-254
COMMONWEAL. r H OF PENNS'f LJ.LI:'-JIA
DEPABTMENT OF ~jEA.L 1 H fii-;C0PDS
LOGA,L REGISTRAR'S CERT!FICAT!iON OF DEATH
CERT, NO. T' 4 8 2 4 5 2 0
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.s I,:, t errl tha ThE; mforrnation here given is 0' tClct!y copiecl from::in ri~Jinai cprtificate
d (;;-1 t f. clu! 'y' f I ! e cI Wit h mea s L 0 c a IRe 9 i sir a r. T h eJ r (J i n a' c e r t I fie ate w i i! t, e f 0 ,. v',n r d e d tot h e
S!;JtE3 V!tal Ree icj Office for permanent filing.
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CUMBERLAND
Register of Wills ofll)llUI1lxlirI County, Pennsylvania
RENUNCIA TION
Estate of
Elwood S. Hochstetter
No.
21-01-254
also known as N/ A
, Deceased
The undersigned, Executor named in the Will dated November 16, 1993 of
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters
Testamentary
be issued to
William D. Griffiths
Witness --T- hand this
~o/r1ay of 1f~ ' 20~
1e: ~~
4215 Ridge View Road, Harrisburg. PA 17112
(Address)
(Signature)
(Address)
(Signature)
(Address)
Sworn to or affirmed ~ni subscribed
before me this ;} 'I ~ day of
~~+~
~bliC
My Commission Expires:
~~ "III.
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"'.,. Dn\.\\~
1-800-3-NOT AR Y
'--"~~''':;-
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GALE L. SHEPARD
MY COMMISSION # CC 806292
EXPIRES: 02103/2003
Fla. Notary Services & Bonding Co.
lSignature and se~ of Notary Of other official
NOTE: Renunciations executed outside the Office of Register of
Wills are required in some counties to be notarized.
qualified to administer oaths. Show date ot
expu8tion of Notary'. convnission.)
RW-13 (Rvsd 9/92)
21-01-254
RENUNCIATION
In Re Estate of
t:(woo)
{ !he!;! 1t.1;;~
deceased.
To the Register of Wills of
(t( It(;)t /( l A Ll..J
County, Pennsylvania.
The undersigned
J,4;tfL> ( C1/~FITI(J
,
/
A.)t../r/lCJ
of
the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters
I .L'
4cdt(--{jJ~.4Y (( Nee / A .
~JIL (/AA1
be issued to
.1
C/l/ ~F/rIIJ-
WITNESS
/t1y
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f-
hand this 1 day of
J/ --t:c /' .;...2-c I " I
/C'i'-1/l i"1 ,19--=".
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(Signature ~~
1.I/)/ll ?7lljJ) /bo1?17/IZ
(Address) r
(Signature)
(Address)
(Signature)
(Address)
21-01-254
REGISTER OF WILLS OF COUNTY
OATH OF SUBSCRIBING WITNESS
codicil
(each) a subscribing witness to the will presented herew' , (each) being duly qualified according to
law, depose(s) and say(s) that present and saw
the testat , sign the same and that signed as a witness at the
request of testat_ in h pr ence and (in the presence of each other) (in the presence of the
other subscribing witness(es)).
bscribed before
day of
19_
(Name)
Sworn to or affirmed and
me this
./
./
,/
(Address)
Register
../
(Name)
(Address)
REGISTER OF WILLS OF (!,u.,V\ABr!RLI\1J./) COUNTY
OATH OF NON-SUBSCRIBING WITNESS
vV Nt. D. ~ 5 kYv\E-5 C1lfl Ph TH- S
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that .
VVG- kKE:- familiar with the signature of~\i i'vl ELv,r ()7) l) S. H-Dc;.H-STE....TTEJ
testa~ of (one "f the ,n!;>,er;hi"8 mitB<sse, 10) the ~ pr~sented herewith and
that v.J E believe~ the signature on th will is in the handwriting of
1-tKtlsTE TTE~
E:-l.-lr\J 0 0 J)
o v,R..
5.
to the best of
knowledge and belief.
W~--'>. ~~l
. (L IN, me)
t. c/ OIJ /rG^,'{~ cif.U kA'
/
Sworn to or affirmed and subscribed before
me this Y Z(.J day of
lm~ A!XJI
f)'/1J~ f? ,~~ fUJ t!t2 ~UJ/ ~O~r}/~
Register
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21-01-254
LAST WILL AND TESTAMENT
of
EL~OOD S. HOCHSTETTSR
I, SL'tJOOD S. HOCHST~TTER, of Lower Paxton Township, Dauphin
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 any and all Wills
made by me at any time heretofore.
ITEM I. I order and direct that my just debts and funeral
expenses be paid as soon as may be found convenient after my decease.
I direct that my burial shall be in the Odd Fellows Cemetery in
Shenandoah Heights, Pennsylvania. Services shall be conducted by
the funeral director of my wife's choice and I further direct that
there be no viewing.
ITEM II. ~ give, devise and bequeath all of my estate of every
nature and wherever situate to my beloved wife, RUT~ G. nOCHST3TT~~,
provided that she survives me.
In the event that my wife and I shall die simultaneously or
under circumstances as to re~der it impossible or difficult to
deter~ine who predeceased the other, it shall be deemed that I
predeceased my wife and my Will shall be construed on that assumption.
.
I~E~ III. In the event that my wife, ~UT~ ~. HOCH3~ETT~? dces
not survive me I give, devise and bequeath my estate as follows:
A. I give and bequeath my diamond ring and diamond tie-tac
to my nephew, ~ILLIA~ D. GRIFFITHS. I give and bequeath all the
stocks which I may own at the time of my deatt to my nephew,
~ILLIAM D. GRIFFITHS.
B. ~he property at 4132 Ridgeview Road, Lower Paxton Township,
Dauphin County, Pennsylvania, all of the furnishings therein,
- 1 -
.... . -,
as well as my automobile shall be sold at an auction, conducted by
my fr iend, WIIJL MTNF~R of Harris burg. All of my wi fe's diamond
rings are to be appraised by a reputable jeweler and every effort
be made to have them sold for at least the appraised value. The
fund thereby created by the sale of all of the above and any bank
accounts that may exist at the time of my death shall be divided
as follows:
1. To JAMES GRIFFITHS, Linglestown, Pennsylvania, I bequeath
Twenty Thousand ($20,000.00) Dollars.
2. The remaining funds I give and bequeath to my nephew,
WILLIAM D. GRIFFITHS, 64 Old Stonehouse Road, Carlisle, Pennsylvania.
ITEM IV. I do hereby name, constitute and appoint my wife,
RUTH G. HOCHSTETTER, as Executrix of this, my Last Will and testament.
In the event that my wife fails to survive me, I do hereby
name, constitute and appoint CLIFTON H. FRANKS, Esquire, of
Harrisburg, Pennsylvania as Executor of this, my Last Will and
Testament.
IN WITNESS WHEREOF,
~
//4" :.-.- day of
I have set my hand and seal this
")A~/'''--I)-,,,,. ~~k.(':>~, ">/
I 10..-
, 1993.
, "l,-~1~
p /' . 7 \. / / . 7 e; ~
- :-:C,-<-'~0- . r -t'~~ --d",~;
Elwood 3. Hocus e er
,.
The preceding instrument, consisting of this and one other
typewritten page, was on the day and date thereof signed, published
and declared by ELWOOD S. HOCHSTETTER, the Testator therein named,
as and for his Last Hill and Testament in the prese~ce of us, who,
at his request, in his presence and in the presence of each other
have subscribed our names as witnesses thereto.
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Address J
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f.:;:rJ ilAd'Ji ~{U) let! - 6.J;~t.'cdJrkJ.;i) I
/ A ress / '
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Name
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CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
Elwood S. Hochstetter
Date of Death:
February 3, 2001
2001-00254
Admin. No.
Will No.
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the OfQhans' Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on June 15, 2001 :
Name
Address
William D. Griffiths
64 Old Stonehouse Road, Carlisle, PA 17013
James Griffiths
1421 North Mountain Road, Harrisburg, PA 17112
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
None
Signature
~ffW ~
Bruce F. Bratton, Esquire
Date:
June 15, 2001
Name
Address
2515 North Front St., P.O. Box 12106
Harrisburg, PA 17108-2106
Telephone? 1 7)
236-4241
Capacity: _ Personal Representative
~Counsel for personal representative
-
CL{ ~d>l:iL L4 A.'J}
Register of Wills of Dauphin County, Pennsylvania
INVENTORY
Estate of
Elwood S. Hochstetter
No.
21-01-0254
also known as
Date of Death
2/3/01
, Deceased
Social Security No. 165-18-7428
William D. Griffiths
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 of the Commonwealth of Pennsylvania except that which appears in a memorandum
at the end of this inventory. I/We verify that the statements made in this Inventory are true and correct. I/We understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
t\~~!ltati1,~
William D. Gr:'i't~hs~-
~Uld Stonehouse Road
Carlisle, PA 17013
Dated <{ S.t IT. Ii,
Name of
Attorney:
Bruce F. Bratton, Esquire
I.D. No.:
23949
2515 North Front Street
Harrisburg, PA 17110
Telephone: (717) 236-4241
Address:
Description
Value
Common stock; Lucent Technologies; 140 shares at
$17.73 per share
$ 2,482.20
Common stock; AT&T Corporation; 165 shares at $23.35
per share
3,852.75
Common stock; Bell South; 1,672 shares at $41.61
per share
69,571.92
CD #100014508; Waypoint Bank, P. O. Box 1711,
Harrisburg, PA
108,279.98
First Union National Bank Check Account #9620346776
9,229.42
(50% interest)
First Union National Bank CD #147412050940287
11,000.00
(50% interest)
Waypoint Bank CD #100014480
14,523.58
(50% interest)
Total:
(continued)
(Attach Additional Sheets if necessary)
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 Invelltory
RW-8
INVENTORY
(continued)
Description Value
Fulton Bank CD #324-0108653 50,070.18
( 50% interest)
PNC Bank CD #31700183459 - Joint interest 11,035.19
created 4/19/00 with William D. Griffiths, ( 50% interest)
nephew of decedent
Mellon Bank CD #01037084 - Joint interest 50,238.51
created 4/6/00 with William D. Griffiths, (50% interest)
nephew of decedent
TOTAL $330,283.73
/0-J./5--?
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
BRUCE F BRATTON ESQ
MARTSOLF & BRATTON
PO BOX 12106
HBG PA 17108
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
10-22-2001
HOCHSTETTER
02-03-2001
21 01-0254
CUMBERLAND
101
I~*
REY-15~7 EX AFP (12-00)
ELWOOD
S
Amount Remitted
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 ~
RE-Y-=is4-j-EX--AFP--ci"2-:offf-NOi"-icE--OF-.rtiHEifiTAifcE-i"-A)rAPPRA-isEi'-ENT~--Aii-owAircE-oR----------- - - - - --
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF HOCHSTETTER ELWOOD S FILE NO. 21 01-0254 ACN 101 DATE 10-22-2001
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
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)
S. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(I)
(2)
(3)
(4)
(S)
(6)
(7)
.00
75,727.90
.00
.00
108,279.98
84,823.18
122,547.41
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
NOTE: 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:
IS. Amount of Line 14 at Spousal rate (IS)
16. Amount of Line 14 taxable at Lineal/Class A rate (16)
17. Amount of Line 14 at Sibling rate (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX CREDITS:
.00 X 00 = .00
.00 X 045 = .00
.00 X 12 = .00
377,259.65 X 15 = 56,588.95
(19)= 56,588.95
(9)
(10)
11,974.26
2.144.56
(II)
(12)
(13)
(14)
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
391,378.47
14 118 82
377,259.65
.00
377,259.65
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
05-02-2001 AA496540 1,842.11 35,000.00
09-05-2001 CDOO0232 .00 19,746.95
TOTAL TAX CREDIT 56,589.06
BALANCE OF TAX DUE .11CR
INTEREST AND PEN. .00
TOTAL DUE .11CR
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, 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.)
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
MARTSOLF & BRATTON
251 5 N FRONT STREET
POBOX12106
HARRISBURG, PA 17108-2106
n_n_n fold
ESTATE INFORMATION: SSN: 165-18-7428
FILE NUMBER: 21 - 2001 - 0254
DECEDENT NAME: HOCHSTETTER ELWOOD S
DATE OF PAYMENT: 09/05/2001
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 02/03/2001
NO. CD 000232
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $19,746.95
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TOTAL AMOUNT PAID:
$19,746.95
REMARKS: BRUCE F BRATTON
C/O MARTSOLF & BRATTON
CHECK# 1341
SEAL
INITIALS: SK
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
RECEIVED FROM:
I
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- FOLD HERE
ESTATE INFORMATION:
FILE NUMBER
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
No.AA 496540 REV-1162 EX (11-96)
ACN
ASSESSMENT
CONTROL
NUMBER
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(MI)
NAME OF DECEDENT (LAST)
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DATE OF PAYMENT
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POSTMARK DATE
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COUNTY
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DATE OF DEATH
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REMARKS ',.l::~.. I {:"", L' L!r::IF"~--ITii!:;
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SEAL
(FIRST)
TOTAL AMOUNT PAID
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RECEIVED BY t ~( i~f(/;
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REGISTER OF WillS
AMOUNT
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FOLD HERE
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PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF
THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY
UNTIL COMPLETION
STATUS REPORT UNDER RULE 6.12
Name of Decedent: El wood S. Hochstet ter
Date of Death: Fe b r u a r y 3, 200 1
Will No.:
21-01-0254
Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect
to completion of the adlninistration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes
x
No
2.
that the administration will be complete:
If the answer is No, state when the personal representative reasonably believes
N/A
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
The separate Orphans' Court No. (if any) for the personal representative's account
IS: N / A
Did the personal representative state an account informally to the parties in
interest? Yes X No
B.
C.
D.
Copies of receipts, releases, joinders and approvals of formal or informal accounts
may be filed with the Clerk of the Orphans' Court an y be attached to this
report.
See attached
D~e: 28 SQPtQmber 01
Signature
Bruce F. Bratton. EsqUire
Name (Please type or print)
P.O. Box 12106, Harrisburg, PA 17108
Address
(MAH:rmt/AM3)
717-236-4241
Telephone No.
Capacity:
Personal Representative
R.W. - 27
x
Counsel for Personal Representative
FAMILY ESTATE SETTLEMENT AGREEMENT/RECEIPT AND RELEASE
THIS FAMILY ESTATE SETTLEMENT AGREEMENT/RECEIPT AND RELEASE is
S '''?+'
made and entered into as of the y, day of AuguQt, 2001, by and
among WILLIAM D. GRIFFITHS, an adult individual residing at
64 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania
17013; JAMES GRIFFITHS, an adult individual residing at 1421 North
Mountain Road, Harrisburg, Dauphin County, Pennsylvania 17112; and
THE ESTATE OF ELWOOD S. HOCHSTETTER.
WIT N E SSE T H
WHEREAS, Elwood S. Hochstetter, then residing at 940 Walnut
Bottom Road, Carlisle, Cumberland County, Pennsylvania
17013,
passed away on February 3, 2001;
WHEREAS, the said Elwood S. Hochstetter had published and
declared a Last Will and Testament dated November 16, 1993; and
WHEREAS, Ruth G. Hochstetter, spouse of the decedent,
Elwood S. Hochstetter, had predeceased Elwood S. Hochstetter,
having passed away on April 25, 1999; and
WHEREAS, the substitute executor named in the Last Will and
Testament of Elwood S. Hochstetter renounced his right to act as
the executor in favor of WILLIAM D. GRIFFITHS; and
WHEREAS, the said WILLIAM D. GRIFFITHS has offered the Last
Will and Testament of Elwood S. Hochstetter for probate in the
Office of the Register of Wills of and for Cumberland County on
March 8, 2001 and the Orphans' Court of the Court of Common Pleas
of Cumberland County has issued letters of administration C.T.A. to
the said WILLIAM D. GRIFFITHS; and
WHEREAS, the said WILLIAM D. GRIFFITHS and JAMES GRIFFITHS are
the sole heirs of the Estate of the said Elwood S. Hochstetter
under the terms of the Last Will and Testament of the said
Elwood S. Hochstetter; and
WHEREAS, the beneficiaries of the estate have reached an
understanding to permit an informal settlement of the estate
without the presentation of a formal accounting and discharge from
the Orphans' Court.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, it is hereby agreed by all parties
hereto as follows:
1. WILLIAM D. GRIFFITHS and JAMES GRIFFITHS each hereby
acknowledge receipt of an informal accounting as to the Estate of
Elwood S. Hochstetter in the form of the proposed Pennsylvania
inheritance tax return, a copy of which is attached hereto as
Exhibit "A".
2. JAMES GRIFFITHS hereby acknowledges receipt of a check
from or issued on behalf of the Estate of Elwood S. Hochstetter in
the amount of $20,000.00 in full and complete satisfaction of all
bequests, gifts or devises to the said JAMES GRIFFITHS as provided
in the Last Will and Testament of Elwood S. Hochstetter. In
consideration of such payment, the said JAMES GRIFFITHS hereby
releases and forever discharges the Estate of Elwood S.
2
Hochstetter, the estate's executor, WILLIAM D. GRIFFITHS, and the
estate's attorneys, Martsolf & Bratton, and any other person or
entity acting on behalf of the said Estate of Elwood S.
Hochstetter, deceased, and, further, JAMES GRIFFITHS waives the
right to require any more formal accounting or the presentation of
a first and final account to or through the Orphans' Court of the
Court of Common Pleas of Cumberland County , Pennsylvania, or
elsewhere, acknowledging that he has had full and fair opportunity
to review the records of the estate and of the executor of the
estate.
3. WILLIAM D. GRIFFITHS hereby acknowledges receipt of the
full remaining net assets of the estate less the expenses,
liabilities, debts and tax liabilities as shown on Exhibit "AU
attached hereto and less the amount paid to JAMES GRIFFITHS as
hereinabove provided. Further, the said WILLIAM D. GRIFFITHS
hereby releases and forever discharges the Estate of Elwood S.
Hochstetter, its personal representatives and the estate's
attorneys, Martsolf & Bratton, and any other person or entity
acting for or on behalf of the said Estate of Elwood S.
Hochstetter, deceased, and, further, WILLIAM D. GRIFFITHS waives
the right to require any more formal accounting or the presentation
of a first and final account to or through the Orphans' Court of
the Court of Common Pleas of Cumberland County, Pennsylvania, or
elsewhere, acknowledging that he has had full and fair opportunity
3
to review the records of the estate and of the executor of the
estate.
The said WILLIAM D. GRIFFITHS, as executor of the estate,
understands that the inheritance tax return has not been filed and
finally approved by the Pennsylvania Department of Revenue and,
therefore, he agrees that he remains liable for the payment of any
additional taxes that may be assessed, penalties or interest, if
any, and agrees to and hereby does indemnify and save the estate,
all of the beneficiaries thereof and the attorneys for the estate
of and from any and all liabilities, demands, losses or claims
relating to such inheritance tax liability which may hereafter be
assessed and remains unpaid as of the date hereof.
IN WITNESS WHEREOF, and intended to be legally bound hereby,
the parties hereto have caused this Family Estate Settlement
Agreement to be executed as of the day and date first above
written.
Date y~ a - Of
. ~ \)~. .-...---- "
"fdl D A;l,. ,
LA...) \JLV- . , - '--_/.,
william D. Griff'ths
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Ja, -- S Griffithsi/
Date q,..~ '"'0 ,
ESTATE OF ELWOOD S. HOCHSTETTER,
DECEASED
Date C\ - lc.-o ,
By
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4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF'b~P)-\'~
SS.
ON THIS, the ~~~ day 0 , 2001, before me, a
Notary Public, the undersi ned personally appeared
William D. Griffiths, known to or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS THEREOF, I her.
set my
and official seal.
re~ :
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~I'I"'Q""'"
SS.
ON THIS, the ~~ day Of~~~\'L ,2001, before me, a
Notary Public, the undersig ed . fficer, personally appeared
James Griffiths, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS THEREOF, I h~nto set my hand and official seal.
5
REV.l500 EX (&00)
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1500
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INHERITANCE TAX RETURN
RESIDENT DECEDENT
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DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
Hochstetter, Elwood S.
DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
02/03/2001 12/18/1916
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (lAST, FIRST, AND MIDDLE INITIAL)
j&~;ZI:5 -,F/ SJ<
OFFICIAL USE ONLY c.....
FILE NUMBER
21_01
o 2 5 4
COUNTY CODE
NUMBER
YEAR
SOCIAL SECURITY NUMBER
165
7428
18
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
D 1. Original Return
o 4. Limited Estate
o 6. Decedent Died Testate (AlIach copy of Will)
o 9. Litigation Proceeds Received
o 2. Supplemental Return
D 4a~ Future Interest Compromise (date or death aner 12-12-62)
D 7. Decedent Maintained a Living Trust'(~chCOP~OrTrust)
o 10. Spousal Poverty Credit (dateofdeath between 12-31.91 and 1-1.95)
o 3. Remainder Return (dale of death prior \0 12-13-82)
D 5. Federal Estate Tax Return Required
l... 8. Total Number of Safe Deposit Boxes
o 11. Election to tax under Sec. 9113(A) (AIIachSchO)
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NAME
Bruce F. Bratton, Esquire
Martsolf & Bratton
COMPLETE MAILING ADDRESS
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
FIRM NAME (If Applicabie)
TELEPHONE NUMBER
(71 7) 236-4241
(11) 14,118.82
- (12) 377,259.65
(13) 0.00
(14) 377,259.65
x.O_ (15)
x.O_ (16)
x .12 (17)
x .15 (16) 56,588.95
(19) 56,588.95
19. Tax Due
CHECK HERE IF YOU ARE REQUESTING A REFUNO OF AN OVERPAYMENT
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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)
D Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1~7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
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 '
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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
377,259.65
20,0
Decedent's Complete Address:
STREET ADDRESS Manor Care
Walnut Bottom Road .
'_.1
CITY Carlisle I STATE I i PA I ZIP 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
56,588.95
$35,000.00
1,842.00
.Total Credits (A+ B + C) (2)
36,842.00
3. InterestlPenalty If applicable
D.lnlerest
E. Penalty
TolallnteresVPenalty ( D + 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)
S. If Line 1 + Line 3 Is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
(S)
(SA)
B. Enter the total of Line S + SA. This is the BALANCE DUE. (5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
19,746.95
0.00
19,746.95
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes
a. retain the use or income of the property transferred; .......................................................................................... 0
b. retain the right to designate who shall use the property transferred or its income; :........................................... 0
~. retain a reversionary interest; or.................................................."....."...........................,................................... D
d. receive the promise for life of either payments, benefits or care? ...................................................................... 0
2. If death occurred aner December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ..................................................."...................".,.................................~ ,[]g
3. Did decedent own an .in trust for" or payable upon death bank account or security at his or her death? .............. 0
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ......................................................................................................................:. 0
No
[!J
[K]
[K]
[K]
o
[!J
[K]
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 penal~es of pe~ury, I declare lhat 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 RESP TURN
>W
ADDRESS
64 Old S nehouse Road, Carlisle, PA 17013
SIGNA F. ~ R THAN REPRESENTATIVE
DATE
?/t/u I
DATE
r d I
North Front Street, Harrisburg, PA 17110
For dates of death on or aner July 1, 1994 and before January 1, 1995, the lax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. 99116 (a) (1.1) (i)].
For dates of death on or aner 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. 99116 (a) (1.1) (ii)].
The statute does not exemot 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 dales of death on or aner 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. 99116(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.S%, except as noted in 72 P.S. 99116(1.2) [72 P.S. 99116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 99116(a)(I.3)]. A siblin9 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.!503EJl..(1.97)
'*
SCHEDULE B
STOCKS'& BONDS
COMMONWEAlTHOFPENNSYLVAN~
INHERITANCE TAX RETURN
RESIDENT OE EOENT
ESTATE OF
FILE NUMBER
Elwood S. Hochstetter
21-01-0254
All properly jolnUy..wned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1,
DESCRIPTION
VALUE AT DATE
OF DEATH
Common stock: Lucent Technologies; 140 shares at $17.73
per share
$ 2,482.20
2.
Common stock: AT&T Corporation; 165 shares at '$23.38
per share
3.
Common stock: Bell South: 1,672 shares at $.4,1.50 per share
3,857.70
69,388.0Q
TOTAL (Also enter on line 2, Recapitulation) $ 75, 72 7 . 90
(If more space is needed, insert additional sheets of the same size)
RfV.I508EX+(l-91)
'*
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
Elwood S. Hochstetter
21-01-0254
Indude!he proceeds of litigation and !he date !he proceeds were reoeived by !he estate. All property jolntly-owned _ the right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1.
Certificate of Deposit No. 100014508
Waypoint Bank, P. O. Box 1711, Harrisburg, PA
$108,279.98
TOTAL (Also enteron line 5, Recapitulation) $ 108,279.98
(If more space is needed, insert additional sheets of the same size)
REV-15Oi EX + (1-91)
'*
SCHEDULE F..
JOINTL Y.OWNED PROPERTY
COMMONWEAlTH OF PENNSYLVANIA
INHERJTANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
Elwood S. Hochstetter
21-01-0254
If an asset was made joint within one year of the decedent's date of death,1t must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME
ADDRESS
RELATIONSHIP TO DECEDENT
A. William D. Griffiths
64 Old Stonehouse Road
Carlisle, PA 17013
Nephew
B.
c.
JOINTLy.oWNED PROPERTY:
LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH
ITEM FOR JOINT MADE Include nane of financial institution and bank account number or similar identifying number. Attach DATE OF DEATH DECD'S VALUE OF
NUMBER TENANT JOINT deed forjoinUy-held real eslale. VAlUE OF ASSET INTEREST DECEDENT'S INTEREST
1 /25/99 .
1. A. First Union National Bank; Checking
Account No. 9620346776 18,458.84 50% 9,229.42
2. A. 1 /21/99 First Union National Bank, Certificate
of Deposit No. 247412050940287 22,000.00 50% 11,000.00
3. A. 1 /25/99 Waypoint Bank; Certificate of Deposit
No. 100014480 29,047.17 50% 14,523.58
4. A. 1 /24/99 Fulton Bank; Certificate of Deposit
No. 324-0108653 100,140.36 50% 50,070.18
TOTAL (Also enter on line 6, Recapitulation) $84,823.18
(If more space is needed, insert additional sheets of the same size)
'''''''''''0'''''.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER.VIVOS TRANSFERS &
MISC. NON.PROBATE PROPERTY
ESTATE OF
FILE NUMBER
Elwood S. Hochstetter
21-01-0254
This schedule must be completed and filed ilthe answer to any of questions 1 through 4 on the reverse side of the REV.1500 COVER SHEET is yes,
DESCRIPTION OF PROPERTY %OF
ITEM INCLUOl:THENAMEOFTHETRANSFEREE,THEIRRElATlONSHIPTOoeCEDENTANOTHE OATE OF TRANSFER. DATE OF DEATH DECO'S EXCLUSION TAXABLE VALUE
ATTACH ACOP'fOFTHE DEED FORREAL ESTATE. VALUE OF ASSET INTEREST IFAPf'LICABLE\
NUMBER
1, PNC Bank CD #31700183459
Joint interest created 4/19/00 with
William D. Giffiths, newphew of decedent 25,070.39 50% j,OOO.OO 22,070.39
2. Mellon Bank CD #01037084
Joint interest created 4/6/00 with
William D. Griffiths, nephew of decedent 100,477.02 50% 100,477.02
TOTAL (Also enter on line 7, Recapitulation) $ 122,547.41
(If more space is needed, insert additional sheets of the same size)
REV.ISllex.(l.Qlj
.
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
Elwood S. Hochstetter
21-01-0254
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Oravitz Home for Funerals, Inc., 38 North Jardin Street,
Shenandoah, PA 6,040.00
2. E. D. Everett & Sons, 138 East South Street, Mahanoy City,
PA (tombstone engraving) 130.00
3. Vera's Flowers, 109 West Centre Street, Shenandoah, PA
(funeral flowers) 181.26
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative (s)
Sodal Security Numbe~s) I EIN Number of Personal Representative!s)
Street Address
City State Zip
Year(s) Commission Paid:
2. Attorney Fees Martsolf & Bratton, 2515 North Front Street,
Harrisburg, PA 17110 5,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees Register of Wills - Cumberland County 277 .00
5. Accountant's Fees McKonley & Asbury, P. o. Box 1331, Harrisburg,
PA 17105 (2000 income tax return) 325.00
6. Tax Return Preparer's Fees (included in attorneys' fees)
7. Division of Vital Records, Harrisburg, PA (death certificate
copies) 21.00
TOTAL (Also enter on line 9. Recapitulation) $ 11,974.26
(If more space is needed, Insert additional sheets of the same size)
REV-1512EX. (1-9l)
'*
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FilE NUMBER
ESTATE OF
Elwood S. Hochstetter
21-01-0254
Include unreimbursed medical expenses.
ITEM
NUMBER
DESCRIPTION
AMOUNT
51.48
1,033.42
1.
Country Meadows, Mechanicsburg, PA - Balance of rent
2.
Neighbor Care (888-565-6708) - Pharmacy bill
3.
Physicians of Rehabilitation, 175 Lancaster Boulevard,
Mechanicsburg, PA - Medical bills
27.76
4.
HCR Manor Care, 940 Walnut Bottom Road, Carlisle, PA 17013-
Rent and nursing care
815.50
5.
West Shore Emergency Medical Services, 503 North 21st Street,
Camp Hill, PA 17011 - Ambulance services
189.40
6.
Pennsylvania Department of Revenue, Harrisburg, PA 17129-
2000 income taxes
27.00
TOTAL (Also enter on line 10, Recapitulation) $
(It more space IS needed, Insert additional sheets of the same Size)
2,144.56
REV.1S13EX+(1-91)
ESTATE OF
NUMBER
I.
'*'
SCHEDULE J
BENEFICIARIES
FILE NUMBER
RELATIONSHIP TO DECEDENT
Do Not List Trustee(s)
Nephew
Nephew
21-01-0254
AMOUNT OR SHARE
OF ESTATE
$20,000.00
Entire estate less
$20,000.00 payable
to James Griffiths
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, 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
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Elwood S. Hochstetter
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS (Include outright spousal distributions)
1.
James Griffiths
1421 North Mountain Road
Linglestown, PA 17112
2.
William D. Griffiths
64 Old Stonehouse Road
Carlisle, PA 17013
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 addltiona~ sheets of the same size)