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HomeMy WebLinkAbout09-12-80 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-78-0482 ESTATE OF A. RAYMOND EPPLEY A/K/A ARTHUR R. EPPLEY A/K/A RAYMOND EPPLEY, DECEASED Late of West Pennsboro Township FIRST AND FINAL ACCOUNT OF FARMERS TRUST COMPANY, EXECUTOR Date of Death: September 1, 1978 Letters Granted: September 11, 1978 First Complete Advertisement of Grant of Letters: October 6, 1978 Account Stated to September 12, 1980 SUMMARY & INDEX PRINCIPAL Pages Receipts Net Gain on Conversions 2 2 223,852.60 58.84 223,911.44 43,381. 44 180,530.00 48,082.06 Less Disbursements 2-4 Distributions to Beneficiares 4 Principal Balance Remaining INCOME Receipts Less Disbursements 4 4-5 35,749.86 15,841. 32 19,908.54 12,000.00 Distributions to Beneficiares 5 Income Balance Remaining COMBINED BALANCE REMAINING t ."t. I;., Cf IV ,,~ 540 $ 132,447.94 7,908.54 g=1~Q,;~~g,;,~~ COMPOSITION OF NET BALANCES PRINCIPAL Demand Note--Harvey N. Eppley Cash Cash 6/1/79 1/22/79 3/13/79 3/19/79 4/11/79 INCOME PRINCIPAL RECEIPTS Inventory Filed Per Copy of Inventory Attached Subsequent Receipts Interest on CCNB Savings Account Refund, UGI Corp. Refund, Medicare 24 shs. Penn Pacific Corp. Total Principal Receipts 6/7 /79 PRINCIPAL CONVERSIONS INTO CASH 24 shs. Penn Pacific Corp. Proceeds Inventoried at 58.84 .00 Net Gain Transferred to Summary 9/12/78 9/14/78 9/14/78 9/14/78 9/14/78 9/19/78 9/19/78 9/26/78 9/26/78 9/26/78 9/28/78 PRINCIPAL DISBURSEMENTS Register of Wills, Probate and Short Certificates United Telephone Co., balance due Kronenberg's, suit for funeral Penna. Power & Light Co., balance due James Line, real estate taxes G. Book Roth Funeral Home, funeral expenses Capital Area Agency, insurance premium United Telephone Co., service Masland Associates, balance due Graham Medical Clinic, balance due Cumberland Law Journal, advertisi g Letters Testamentary ~:~( . St. 2 ;'4-4 J' ..t 1.46 16.34 8.00 .00 Gain 58.84 g=====~~,;~~ . 1,100.00 131,347.94 g=~~~~~~Z,;2~ g===Z~2~~,;~~ 223,826.80 25.80 g=~~~~~~~,;~~ Loss 60.00 18.83 115.00 38.30 510.05 3,148.90 26.00 14.76 660.50 44.00 18.00 9/28/78 9/29/78 10/5/78 10/16/78 10/20/78 10/24/78 10/24/78 11/3/78 11/6/78 11/6/78 11/9/78 11/9/78 11/17 /78 11/30/78 11/30/78 11/30/78 12/7 /78 12/7 /78 12/7/78 12/12/78 12/18/78 12/18/78 12/18/78 12/26/78 12/29/78 12/29/78 1/3/79 1/5/79 1/5/79 1/11/79 1/11/79 1/12/79 1/12/79 1/18/79 4/3/79 4/10/79 5/18/79 6/1/79 6/1/79 6/1/79 10/4/79 10/15/79 11/16/79 11/19/79 11/19/79 11/19/79 . The Evening Sentinel, advertising Letters Testamentary Borough of Carlisle, water and sewer R.A. Bender, Inc., refuse removal United Telephone Co., service Register of Wills, Short Certificate Capital Area Agency, insurance premium George Ebener, real estate appraisals Fern Bottgenbach, cleaning 19 N. East St. property Carlisle Hospital, balance due Cockley's Electrical Service, repairs Helen Kitzmiller, Tax Collector, share real estate taxes West Pennsboro Township property Penna. Power & Light Co., service Carlisle Memorial Service, monument Borough of Carlisle, water and sewer UGI Corp., service Register of Wills Pennsylvania Inheritance Tax, gross Less Discount 16.65 15.68 11.50 44.76 1.00 74.00 325.00 10.73 9.00 8.00 33.87 32.88 950.00 14.75 24.94 8,421.05 (421. 05) Penna. Power & Light Co., service Fry Communications, advertising sale Dauphin Oil Co., fuel oil Stuart Hammerle, help with sale Benny Rowe, auctioneer's fee The Evening Sentinel, advertising public sale Fry Communications, advertising sale Dauphin Oil Co., furnace service Recorder of Deeds, transfer tax, North East St. property Notary fee Penna. Power & Light Co., service Recorder of Deeds, transfer tax, West Pomfret St. property Notary fee Fred Baldwin, security deposit, 43 East Penn St. property Recorder of Deeds, transfer tax, 43 East Penn St. property Penna. Power & Light Co., service Register of Wills, Short Certificates Notary fee Notary fees Register of Register of Register of Register of Notary fees Internal Revenue Service, income tax due Register of Wills, Short Certificate Register of Wills, certified copy of Will Internal Revenue Service, Federal Estate Tax Register of Wills, Short Certificate Evelyn Eppley, Family Exemption 8,000.00 46.87 51.80 63.63 50.00 825.00 201. 60 44.40 39.00 216.00 1.00 4.15 378.00 1.50 225.00 231. 00 7.42 1.00 1.50 3.00 1.00 1.00 3,223.77 6.00 6.00 1,230.77 1.00 4.50 1,137.45 1.00 2,000.00 Wills, Wills, Wills, Wills, Short Certificate Short Certificate balance due Pa. Inheritance Tax filing RCC and Debts and Deductions 3 ~ ,I~~.. C i' 0..10 :342 12/31/79 Henry L. Stuart, attorney fee in part 1/29/80 Lester Thumma, labor at East Penn St. property 7/15/80 Notary fee 8/4/80 Henry Stuart, Esq., reimbursement for filing fee Reserved: Farmers Trust Company, Executor's fee Henry L. Stuart, Esq., balance attorney fee Miscellaneous filing and closing costs Total Principal Disbursements 2/8/80 2/8/80 2/15/80 PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES Marian E. Battista Coin Collection 1976 Cadillac (Both given within one year of death in contemplation of death) Marian E. Battista, advance distribution cash Harvey N. Eppley, advance distribution cash Evelyn R. Eppley, advance distribution cash Total Principal Distributions 9/14/78 9/18/78 9/20/78 10/10/78 10/12/78 10/16/78 10/31/78 11/3/78 11/24/78 12/7 /78 12/22/78 1/5/79 1/22/79 2/2/79 INCOME RECEIPTS Interest on Savings Certificate, Carlisle Building & Loan Assn. Rent, Cole's Cycle Center Interest on Certificate of Deposit, First Federal Savings & Loan Assn. Rent, Dietsch, Bloom and Hammerle Interest on Savings Certificate, Cumberland Valley Savings & Loan Assn. Rent, Cole's Cycle Center Interest, U.S. Series E Bonds Rent, Dietsch, Bloom and Hammerle Rent, Cole's Cycle Center Rent, Dietsch, Bloom and Hammerle Rent, Cole's Cycle Center Rent, Dietsch, Bloom and Hammerle Interest, Savings Account, CCNB Rent, Cole's Cycle Center Interest on Certificates of Deposit, Farmers Trust Company 10/1/78 to 9/8/80 Total Income Receipts 11/4/78 1/11/79 2/1/79 3/6/79 INCOME DISBURSEMENTS Cockley's Electrical Service, repairs Fred Baldwin, rent pro-ration UGI Corp., service Computax, tax preparation 4 . I'! ....i' , C:f ~.} .J4J I 4,000.00 19.02 1.50 4.00 9,437.73 5,437.73 250.00 g==~~~~~1=~~ 173.73 7,908.33 15,000.00 15,000.00 10,000.00 g==~~~Q~~=Qg 57.86 25.00 76.74 300.00 487.72 25.00 2.97 300.00 25.00 300.00 25.00 300.00 2.94 25.00 33,796.63 g==~~~Z~2=~g 8.50 205.00 33.27 25.00 4/16/79 Pa. Department of Revenue, fiduciary income tax 1978 4/16/79 Internal Revenue Service, fiduciary income tax 1978 4/17/79 Internal Revenue Service, income tax 1978 4/17/79 Pa. Department of Revenue, income tax 1978 5/16/79 Internal Revenue Service, additional income tax assessment 1/8/80 Internal Revenue Service, interest and penalty 3/26/80 Computax, tax preparation 3/28/80 Farmers Trust Company, income commission @ 5% 4/11/80 Internal Revenue Service, fiduciary tax 1979 4/11/80 Pa. Department of Revenue, fiduciary tax 1979 Reserved: Henry L. Stuart, Esq., commission on income Farmers Trust Company, balance income commission Total Income Disbursements INCOME DISTRIBUTIONS TO BENEFICIARIES 2/14/80 2/14/80 2/15/80 Marian E. Battista Harvey N. Eppley Evelyn R. Eppley Total Income Distributions /'" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND / / I / 63.00 364.00 4,378.67 803.31 885.85 66.30 30.00 945.40 5,002.00 410.00 1,783.21 837.81 g==1~:!~~1;.~~ 5,000.00 5,000.00 2,000.00 g==1~:!QQQ;.QQ Vice President and Dennis C. Caverly, Senior Vice President and Tr~r-officer, Farmers Trust Company, being duly sworn according to law, deposes and say~that the Account as stated is true and correct and that the Grant of Letters thereof occurred more than four (4) months before 1980. -,~:':_', ~1:~,~,,, ,"1'~~;~-/ J l ":.? .-'(/~';~J~~~~r~~C.AS"A:: Al FRiGHT, NQT ;':Y PUBLIC ,) ".' .'",1 " "'II- "( f'U'f,"--" \0 r,ril ",'TV ... of -..,....:..:~;.Gkf;.l:~!:~l!~.. L'11\J, I) i':l~'\.J"~r' "-~"~\ " C;:, '~;1"iJ!t:'(',):ii..'; F',:, :,\",'; ,';\lo';;r7es }1~:~'il';~~'; r ~':. ,..: i '~\.'v' ... 5 r 'f\~. io.". Oa: " ",,'-1 :"'4'" J I-I Vice President and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF A. RAYMOND EPPLEY A/K/A ARTHUR R. EPPLEY A/K/A RAYMOND EPPLEY, Deceased, Late of West Pennsboro Twp. SCHEDULE OF PROPOSED DISTRIBUTION Balance for distribution as per First and Final Account filed September 12, 1980 DISTRIBUTION Evelyn R. Eppley: Elective Share* Less: Charges against Elective Share Entireties Property Insurance Annuity 13,650.00 808.54 15,000.00 Plus: Credit for Administrative Expenses Plus: Credit for 1/3 value of gifts in excess of $3,000.00 Plus: Credit for 1/3 of Federal Estate Tax Less: Distributions during Administration Harvey N. Eppley: 50% of Residue After Spouse's Elective Share paid Note Cash Marian E. Battista: 50% of Residue After Spouse's Elective Share paid Cash . ',!, '... ~~. > DC. V'C~ 'J45 73,247.28 (29,458.54) 5,662.10* 1,694.02 379.15* 51,524.01 (12,000.00) 1,100.00 49,316.23 ~=1~Q~~~g=~~ 39,524.01 50,416.23 50,416.24 ~=1~Q~~~g=~~ STATEMENT OF THE REASONS FOR THE PROPOSED DISTRIBUTION The above distribution to Mrs. Evelyn Eppley, decedent's spouse, is made as a result of her decision to take her Elective Share in the Estate under Act 23, Chapter 22 of the Probate, Estates and Fiduci~ry Code. Spouse filed her Election October 12, 1978 with the Clerk of the OrPhans' Court of Cumberland County. The balance of the Estate is distributed in accordance with the Last Will and Testament of decedent. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ior Vice Officer Dennis C. Caverly, being duly sworn according to law, deposes and says that he is Senior Vice President and Trust Officer of Farmers Trust Company, the Accountant in the Estate above named, and that the facts set forth in the Statement of the Reasons for the Proposed Distribut~ are true and correct. to day ii' " , 1,_, i , ;'~<'l.}-~~:(~ " <,/~".(..;ti~~~~,,~' Ai 8RIr;HT, NOfARY PUBLIC "-"~ , ; :, ~1'C~;:'~,t<,:y' ~I"",~ ,~f . ,- I ,,' 'I.~;~ COUNTY . .. '" , "'f'\"".", ;',:: ;5,1982 fl.":,',,.:, ,'t::: I"" ',c ,; cl Notaries *See Addendum . ~",. ~. ~.. '.... Sf; '316 ADDENDUM TO SCHEDULE OF PROPOSED DISTRIBUTION The effect of the Executor's Account as it is stated is to charge administrative expenses and taxes equally against the Spouse's Elective share and the two residuary shares. In fact, the Elective Share should not be diminished to the same extent as the residuary shares because (1) only 19.93% (see below) of the administrative expenses and Pennsylvania Inheritance Tax properly should be charged against the Elective Share (rather than 33.33%); and (2) none of the Federal Estate Tax should be charged against the Elective Share because it qualified in its entirety for the Marital Deduction. Therefore, the spouse is entitled to credits for Administrative Expenses (including Pennsylvania Inheritance Tax) and the Federal Estate Tax as calculated below. Balance for Distribution as per First and Final Account 140,356.48 Computation of Elective Share: Property retained by Spouse pursuant to Section 2204(c) of P.E.F. Code which would have reverted to Executor under Section 22ll(b) (2) and (3) had the property been disclaimed. (Values by Stipulation) Entireties Property Insurance Annui ty 13,650.00 808.54 15,000.00 Plus: Uneven distributions made during the administration of estate 29,458.54 52,000.00 221,815.02 Less: Value of one-third of property in excess of $3,000 conveyed to Marian E. Battista within one year of death to which spouse is entitled under Section 2203(a) (6) of P.E.F. Code (8082.06 - 3,000. ~ 3 = 1,694.02) (1,694.02) Less: Credit for one-third of Federal Estate Tax paid by spouse as Account is stated but not properly charged against her share because of Marital Deduction (1137.45 ~ 3 = 379.15) (379.15)* Value of Estate for computing Elective Share $ 219,741.85 Elective Share equals one-third of above balance or $73,247.28 , !::l'~ ..I. , 86 ']47 Elective Share 73,247.28 Less: Assets passing outside probate estate not subject to Pennsylvania Inheritance Tax or Administrative expenses: Entireties Property Insurance Annuity 13,650.00 808.54 15,000.00 (29,458.54) Assets subject to Administrative Expenses and Pennsylvania ==~~~~~~~g~~~=~g~~g===========================================================~==~~~b~~~b~ Elective Share subject to Administrative Expenses Value of Estate for Calculating Elective Share 43,788.74 219,741. 85 19.93% ========================================================================================= Administrative Expenses and Estate Taxes Less: Federal Estate Tax 43,381. 44 (1,137.45) ~~m~~~g~~g~~~~=~~g~~~~g=~~~=~~=~~~~~g1=~g~g~~=~g~~g===========================~==~~~~~~~22 Administrative Expenses net of Federal Estate Taxes Percentage of Expenses Elective Share bears 42,243.99 .1993 ~~m~~~~~~g~~~~=~~g~~~~g=g~~=~g~=~g~=~1~~~~~~=~~g~~=g~~~1~=g~g~================~===~~~12~~~ Account as stated charges Spouse for 1/3 of Administrative Expenses and Pennsylvania Taxes (1/3 of $42,243.99) Amount spouse should bear Credit to which spouse is entitled 14,081. 33 8,419.23 $ 5,662.10 ~1'~C . f'f, ~.1' :~48 -, ...,.... , -,j-'" ,. ~~' -ct: ..-. - -'~. 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