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HomeMy WebLinkAbout08-11-80 IN RE: ESTATE OF RAYMOND A. EPPLEY STIPULATION OF COUNSEL It is hereby stiuplated and agreed by and between counsel for Evelyn R. Eppley, surviving spouse of Raymond A. Eppley, and counsel for Marian E. Battista and Harvey N. Eppley, that the Civil Service Annuity valued at $4,927.72 for Federal Estate Tax purposes shall be valued, for the purposes of calculating the elective share of the surviving spouse, at Fifteen Thousand ($15,000.00) Dollars. "/lJ' / C-\A.U)-l \\)"- l tLLU}I'J James . FlOwer, ~ttorney for Evelyn R. Ep\,l Marian E. Bcr' 107 ':- ,5'72 MYERS, MYERS, FLOWER & JOHNSON - ATTORNEYS AT LAW 301 MARKET STREET, LEMOYNE, PENNA. - 1 W, HIGH STREET, CARLISLE, PENNA, ~. '" " ~, -..-. . >::> " C:.; '-.. '-., --- -Q t><1 v' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY /OF CUMBERLAND COUNTY: Please list the within matter for the next: o Pre- Trial Argument Court ~ Argument Court ---------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) ..u~. of A. ..~ ...ley (PJIJDd) vs. (Defendant) vs. No. 482 Orphan.- - 19 78 1. State matter to be argued (i. e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PetitiOft zoegarding 8pGu." election 2. Identify counsel who will argue case: ~~ .... '. ... 3. 7I?7J (Attorney for c,~ ~~B.~ Dated: f?~I/-?o :;.JJ~~.~ ~-/I-~D --- .' , IN RE: ESTATE OF A . RAYMOND EPPLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-482 ORDER OF COURT AND NOW, this 'Ii day of July, 1980, upon consideration of the foregoing petition ~ the / I da y of ~ , 1980 at 10 ';3 () o'clock, ~.M., in Court Room No. I on the Fourth Floor of the Cumberland County Court House, Carlisle, pennsyl- vania, is the time and place set for a Hearing to determine the matters set forth in said Petition, notice hereof to be given to all interested parties by acceptance of their attorneys or to the parties themselves by certified mail. By the Court, ~t# {/J. J. BC;'~ 107 ,.r- ,'j70 . . IN RE: ESTATE OF A. HAYMOND EPPLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN~VANIA ORPHANS' COURT DIVISION NO. 21-78-482 PETITION REGARDING SPOUSE'S ELECTION TO THE HONORABLE JUDGES OF SA ID COURT: The petition of the Farmers Trust Company respectfully represents: 1. TQat A. Raymond Eppley died testate, September 1, 1978, a resident of West Pennsboro Township, Cumberland County, Pennsylvania, and Letters Testamentary were duly issued to the Farmers Trust Company on September 11, 1978. 2. That Evelyn R. Eppley, the decedent's spouse exercised her right to an elective share in said estate under Act 23, Chapter 22 of the Act of April 18, 1978 (20 PS 2201 et seq.) by filing her election with the Clerk of the Orphans' Court of said County on October 12, 1978. 3. That thE~ surviving spouse has a beneficial interest in a Civil Service Survivors' Annuity and has been receiving $282.00 a month since the death of the decedent. 4. A dispute has arisen, which the executor is not able to decide, concerning the value of said beneficial interest to be c;J.arged to her elective share under Section 2204(c) of said Act. 5. The amount of the Civil Service Survivors' Annuity includable in the gross estate of the decedent for Federal Estate Tax purposes is 10"" . . rc~ MCh ,.' ')u i .' $4,927.72 and the present value at the date of death of the decedent SY'k-,0C, of the monthly pclyments payable to the survivor for life was $27 ,~5"tr-~ See attached Internal Revenue Service communication marked Exhibit "A". 6. The parties in interest are: Evelyn R. Eppley, c/o John W. Eppley, 112 Sycamore Drive, Mt. Holly Springs, Pennsylvania, 17065, the surviving spouse, t1ho is represented by JHmes D. F10\1er, Esquire. Marian E. Battista, of 335 Hi11sda1e Avenue, Lewistown, Penn- sylvania, 17044, and Harvey N. Eppley, of R. D. 2, Box 543, Carlisle, Pennsylvania, 17013, the sole beneficiaries under the will of the decedent, who are represented by Angelo Skar1atos, Esquire. IA]HEREFORE, -the petitioner prays your Honorable Court to set a time for a hearing in order to determine the charge and the amount to be charged against the spouse's elective share in accordance with Section 2211(a) of said Act (20 PS 2211(a)). If~~ l-l nry L. Stuart Attorney for the Executor BCr- '107 ;.'1 :~~68 >, .. STATE OF PENNSYLVANIA COUNTY OF CUMBERIJ\ND :ss ~ Personally appeared before me, DENNIS C. CAVERLY, Trust Officer of the Farmers Trust Company, who, 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. Stvorn and before me day I / /.1 / /~i{ Dennis C. ",.": 107 ;.,.. ',69 :'1'.1' ... Intern a I ReV"'e nue 'Se rvice Dep2.rt:1ICflt of t~~e TreaC,!;rf PHONE CONTACT: M~. V~HO~ PHONF NU~PER: ?~?-~~'-43Q4 I~O~X NUMRfR 2n3q.O?-~O I'".. JUN 2 6 1q79 t : A : ~ .. FARMERS TRUST COMPANY fXFCUTOR p.O. POX Z?O CAPlISLE, PfNNSYLV~NTA 11013 IN RE: ESTAT~ OF ARTHUR p. fPPlEY SSN: lA4-1?-?417 DATE OF DEATH: SEPTf~PER 1 , t91~ RFQUEST FROM DENNIS C. CAVF'~l y DEAR SIRS: THIS IS IN REPLY TO A PEQlIf~T THAT WE FURNIS~ A COMPlITATION OF THE A,",OUNT OF THE CIVIL SFR\lICE SURVIVOR'S ANNUITY INCLUOIPLE IN THF GROSS ESTATE OF THE AROVf-NIMfO DECfOENT FOR FE~ERAL ESTATf TAX PURPOS~S. THE nfcrOENT (AORN tn - }f - 19n3 ) RETIRED ON D[CEMBER 11 , 1961 , AGEf'I "0 ,~IT'" A LIFE ANNUITY OF ,. }Q7 PER MONTH. AT T~E OF'CfDENT.S RETIRE"'fNT, HIS SPOUSE c~oP~ 10 - 1) - lqo~ ), AGED ~s , AECAME fNTITLEO TO ~N ANNUITY OF S ttn PF"P MONTH PAYAPLE FOR SlICH TIME A~ SHE SURVIVF~ HJM AND DOES NOT REfl4ARRY. AT TFlr. DECEDENT.S DEATH, HIS SPOlJSE', Al;EO 7n , RECAME ENTITLfn TO AN ANNttlTY OF , ZfS? PER MONTH FOR LIFE. THE OECEDENT'S CONTRI"uTIONS TO THE RETtREfotENT FUND AMOUNTEr> TO $~,288.0n AND T~E ACCRUED INTEREST ON THESE CONlRIPUTIONS AMOUNTEO TO , 483.68 FOR A TOTAL OF ~~;'71.~8. THE PRESENT wORTH OF .~ ANNUITY OF , }97 PER MONTH PAVAALf OURIN~ THE LIFETIME OF A MALE Ar,F~ ~O IS ~ 197 X I? X 11.3369 X 1.01~q OR f27,??f,.15,.. THF PRESENT WOPTH OF aN ANNUITY OF , 110 PER ~ONTH PAY~ALE FOR SUC~ Tl~E AS A WOMAN A~Fn .~ SURVIVES HER HUSAAND AGED ~n AND DOES NOT ~E~~HRY IS SIlO X 12 x 3.'~29 X 1.0159 OR S~,032~59. THE PRESENT WORTH nF IN ANNUITY OF' S ?8? PER ~ONTH P~YABLE OURIN~ THE LIFETIME OF A FE~AlE Ar,Fn 70 IS , ?A2 X 12 x 7.Q?34 X t.O?72 OR f.?7,542.n9. ACCO~DINGLY, 8ASEn ON THE FACTS FlJRNISH€n, THE' AMOUNT INCLunIRLF IN THE G~OSS ESTATE FOR FF~~RAl ESTATE TAX PU~POSES IS '4,QZ7.72 nFTfR~INEO AS FOLLOWS /k~ ~t.v(- S5.77'.~~ -------------------~-- X '27,~42.0q.f4.q?7.7? "f / I ; ~ (A.A... ~?7,2?f,.~"Plllc; $5.t"~?59 EXH IB IT "A II . . lIRT~lJR R. fPPLFY AT THE O~TE OF PETtqF~FNT, EACH ANNUITY FACTO~ IS BASFD ON U.S. LIFE TA~~F ~~, THE AMERICA~ PF~lPPIA(;E TAALE, WHERE APPLICABLf. AND INTEREST AT' 3 1/2 PERCENT. THE F ACTt'lJ:i 1. 0 15~ AOJlJS T S FOR THE HONTHL Y P A y,."E"'T OF Tl1f jNNU!TIF:S. AT T~E DATE OF OEAT~, T~E A~~UITY FACTOR IS AASED ON LIFE TARLE LN ~ITH INTF~fST AT 6 PERCFNT~ THE FACTOR 1.O?7? A~JUSTS FOR THE MONTHLY PAY~ENT OF THE ANNUITY. PLEASE ATTACH A COPy 0' THIS LETTFR TO THE FfDERAL ESTATE TAX hFTURN ~HEN FILED. A COpy 15 ENCLOSED FOR THAT PURPOSE. A COpy IS AL~n PEING SENT TO THE DI5TRICT ~IRFCTOR. SINCERELY YOURS, ~/7--r-??;/"" d. . (j Ct- (, (<<,7-:"t-C' ...:~ /- /' NO~MAN ~REENAfRr; CHIFF, GFNERAL ACTUARI~L RRANCH ENCLOSUPF CflllRTE:SY COPY OF THIS LfTT~1) COpy TO 00: PHILADELPHIA C~IEF.AUDIT DIvtSIO~ EXHIB IT "A" IN RE: ESTA TE OF . . IN THE COURT OF COMMON PLEAS OF . . A. RAYMOND EPPLEY . . CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-482 STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between counsel for all interested parties in the above mentioned matter that the real estate by the entirety asset received by Evelyn R. Eppley subject to disclaimer is $13,650.00 and that the total assets received by Evelyn R. Eppley subject to disclaimer is, therefore, $29,458.54. or 1/ ~ /~~ Henry L. Stuart, Attorney for the Executor August J7, 1980 800. 107 ;,fU S7:1 IN RE: ESTA TE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A. RA YMOND EPPLEY ORPHANS' COURT DIVISION NO. 21-78-482 MEMORANDUM METHOD OF CALCULATING THE ELECTIVE SHARE OF A SURVIVING SPOUSE The right of the surviving spouse to elect against the Will is granted by 20 Pa. C. S. A. Sections 2201-2211. This Act balances three salutory and yet conflicting purpo se s, to prevent the disinherited spouse from recei ving nothing, to enforce the testator's or testatrix's last legally documented intent, and to facilitate estate settlement. Though the Act was promulgated over two years ago, no Pennsylvania Case Law has delineated a method by which the elective share of the spouse should be calculated. The Act may be read to support a strict, clear-cut arifclmetic calculation. 20 Pa. C. S. A. Section 2211(b), however, indicates that the provis ions of the Act may be supplemented under the proper circumstances. It states, in part: The court shall be guided by the following rules>:< but shall have the power to supplement or to depart from them if, in its opinion, a diffe rent determination of the rights of the spouse and others would more nearly carry out what would have been the particular decedent's intention had he known of the election. . . *Add (2211(b) (1)-(6)) ~- o .j..l III to H :l o U III H U ...... .j..l (1j S o .j..l :l (1j C (1j .j..l C III :;- III H p.. o .j..l ~ >- ...... tlO C ...... H (1j p.. to "0 III to ...... U H III >< III III ..0 .j..l to :l S >- .j..l ...... ...... ...... ..0 ...... >< III ...... 'H III ,..q ~ to III U C (1j .j..l to S :l u H ...... U .j..l C III tlO ...... >< III C ...... ~ H III :;- III ~ o :r: . C o ...... .j..l U III ...... III to III to ::l o p.. to tlO C ...... :> ...... :;- H :l to III ,..q .j..l c o p.. :l C o ...... .j..l (1j tlO ...... .j..l ...... ...... III ,..q .j..l 'H o to III ...... U (1j U ...... H .j..l C ...... III ,..q .j..l III .j..l ...... p.. to III "0 >- .j..l ...... ...... ...... ..0 ...... >< III ...... 'H III ,..q .j..l III N ...... ~ :l o .j..l III .j..l (1j .j..l ...... to III ,..q .j..l o C "0 ...... :l o ,..q to .j..l H :l o o III ,..q .j..l >- H (1j to to III U III C C :l .j..l C III :;- III H p.. >- (1j S "0 H (1j ~ (1j to III to :l o p.. to III ,..q .j..l "0 ...... o 8 o .j..l >- .j..l ...... ...... ...... ..0 (1j to .j..l H :l o o III ,..q ~ . III to (1j o III 1j 'H o .j..l >< III .j..l C o U III ,..q .j..l c ...... 1j ...... ~ .j..l U <i; III 1j 'H o to III to o p.. H :l p.. III 13 III .j..l (1j ...... ::l u ...... .j..l H (1j .j..l to III ..0 "0 C (1j to .j..l to III .j..l C o u ...... ...... ...... ~ "0 o o tlO U ...... ...... ..0 :l p.. III ,..q .j..l III to :l o p.. to tlO C ...... :;- ...... :;- H :l to III 1j 'H o III H (1j ,..q to III :> ...... .j..l U III ...... III III 1j tlO C ...... C ...... 8 H III .j..l III "0 C ...... to :l ,..q ~ o .j..l III III H tlO (1j "0 C (1j III .j..l (1j ...... :l p.. ...... .j..l to o "0 III ~ . "0 III H III "0 ...... to C o u >- ...... ...... :l 'H III H (1j U III ..0 .j..l to :l S III to (1j U ,..q U (1j III 'H o to III ...... .j..l ...... ::l 0" III III ~ . ...... III to C :l o U 'H o C o ...... .j..l (1j ...... :l p.. ...... .j..l U) "0 C (1j H III "0 H o to III tlO "0 :l I-) III 13 c ...... 13 H o 'H .j..l III to to (1j to C o ...... .j..l (1j :l "@ :> III 13 . .j..l H ::l o o III ...... ..0 (1j H o C o :r: to ...... 13 'H o s o "0 to ...... ~ III ,..q .j..l c ...... "0 III to o p.. o H p.. C o ...... .j..l :l ..0 ...... H .j..l to ...... "0 III 1j >- ..0 III "0 ...... ..0 (1j ...... ...... ...... ~ :r: o H ~ <i; z o N "0 C (1j U) o b-i ~... ~ ~ <i; ~ U) "0 C (1j (1j .j..l to ...... .j..l '-i-_ ~ ~ . :::-' III \U H ~ .~ ..... -'-.:.:l . ~~ <~c (1j -. ...... >- ,--~HIll o (1j ...... ~ ~ g; J:: H ~ . (1j <8 . ,~; c73 >- Z \i ~ ~ .'~. III H :;- ~tlOBH '\ ~ ~ ~ >- ~ I . . IN RE: ESTATE OF A. RAYMOND EPPLEY IN THE COURT OF CClfMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL'fANIA ORPHANS' COUllT DI'fISION : NO. 21-78 -482 . . . . IlEARINC BRIEF OF PETITIONER This case is controlled by Act 23, Chapter 22, of the Probate, Estates a.d Fiduciary Code of April 18, 1978 (20 PS 2201 et s~). It involves the determination of the following two legal issues: 1. WHAT IS THE VALUE OF THE CIVIL SERVICE SURVIYORS' ANNUITY? The applicable section is Section 2204, wherein paragraph (c) provides the value is the value of the beneficial interest at the ttme of the decedent's death. Valuations are contained in the Internal Revenue Service letter dated June 26, 1979 (Exhibit ItAIt of the Petition). 2. APTER. THE VALUE OF THE ANNUITY IS CHARGE>> AIAINST THE ELECTIVE SHARE, IS THE ELECTING SPOUSE THEN ENTITLED TO ONE-THIRD OF THE AMOUNT SO CHARGED? The applicable section is Section 2204, particularly paragraph (c). See attached sheet. Respectfully submitted, /i'A"/ 4. /1:e'-4t~CC Henry L. Stuart Attorney for Petitioner . .. .. A. RAYMOND EPPLEY ESTATE The following is an exact ..uote from course material: "Subsection (c) of 2204 gives the electing spouse the option of keeping any interest that would have to be disclaimed, releaeed or conveyed if the spouse agrees to have the value of the retained property charged against the elective share, but only in the case of property owned by the surviving spouse outright or in fee simple absolute. EXAMPLE: Decedent leaves a probate estate of $1,000,000.00. The surviving spouse retains $100,000.00 in life insurance and a $100,000.00 home and elects against the will. The elective share is $333,333.33, reduced by the $200,000.00 of property to be disclaimed but retained, for a net of $133,333.33."