HomeMy WebLinkAbout06-30-06
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-06-00303
ESTATE OF BETTY J. MAURICE
PETITION UNDER SECTION 3102
OF THE PROBATE. ESTATES AND FIDUCIARIES
CODE FOR THE SETTLEMENT OF A SMALL EST ATE
TO THE HONOR.t\BLE JlJDGES or SAID COURT:
1. Your Petitioner, Glenn G. Maurice, Jr., 597 West First Street, Boiling Springs,
Pennsylvania, 17007, is an adult individual and one of three (3) surviving children of Betty 1.
Maurice, deceased on January 20,2006, S.S. # 159-24-7982.
2. The Decedent, Betty J. Maurice, was born on March 14, 1930 and was seventy-
five (75) years of age at the time of her death. Her residence was HCR ManorCare, 940 Walnut
Bottom Road, Carlisle, Pennsylvania 17013. She was a single woman at the time of her death.
3. Her sole heirs as set forth in her last will and testament, a true and correct copy of
which is attached hereto and incorporated as Exhibit "A", are her three children, all of whom
have signed a consent to the relief requested in this Petition. They are identified as follows:
A. Glenn G. Maurice, Jr.
B. Terry Ray Maurice
C. Penny Lynn Yost
4. Glenn G. Maurice, Jr. was nominated in Decedent's last will and testament as
executor.
5. Decedent had no interest in real property at the time of her death.
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6. The Decedent's sole assets are as follows:
A. PNC Bank savings account # 50-0369-6632 with a balance of$5,016.38.
B. PNC Bank checking account # 50-8057-5009 with a balance of$1,712.66.
C. Miscellaneous personalty with a value of approximately $145.00.
7. Decedent had not been receiving medical assistance from the Department of
Public Welfare in connection with her residing at a skilled nursing facility prior to her death.
8. It is requested that the assets of the Decedent be turned over to the Petitioner to
pay the administration expenses and make distribution as follows:
Glenn G. Maurice, Jr. 1/3
Terry Ray Maurice 1/3
Penny Lynn Yost 1/3
9. The Petitioner has filed a Pennsylvania Inheritance Tax Return and has received
acceptance of the return. A copy of the response from the Department Of Revenue is attached
hereto Exhibit "B."
WHEREFORE, Your Petitioner prays that an Order be made authorizing distribution of
the accounts as set forth in the foregoing to Petitioner for him to apply against the expenses of
administration and debts.
O'BRIEN, BARIC AND SCHERER
~?a.
BY:
David A. Baric, Esquire
ID# 44853
19 West South Street
Carlisle, P A 17103
(717) 249-6873
Attorney for Petitioner
d a b.dir I estates/ma uricel esta te. pet
I verify that the statements made in the foregoing Petition 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.
dJ /:, ..
~f~ {J.
Glenn G. Maurice, II. ~
Date:
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CONSENT
The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities, that they are the sole heirs of Betty J. Maurice;
that they are adults; that the statements made in the Petition filed by Glenn G. Maurice, Jr. are
true and correct to the best of their knowledge, information and belief; that they concur and
consent to the proposed distribution to Glenn G. Maurice, Jr.
WITNESS:
DATE
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LA<>T WILL AND TEST.AMENT
OF
BEllY J. MAURICE
I, BErTY J. MAURICE of Cl.mber1a1d Cot..rty, PemsyIva1ia, being of sa..rd mincl,
mem::xy crd l.J1dersta1dirg, do hereby ~e, pLbIish crd decIae this as end for my Last Will crd
Testanent, hereby revokirg all other wills and rodicils heretoI'ae made by me.
FIRST
I direct the payment ci my debts and the expenses of my last illness end fi.I1eraI fiom my estate
as soon after my death as cx:nveniently may be done. If there be ro oorretery lot available for my
intem1ent, 0M1ed by me at 1re time of my death, I auttDize my personal representative to pud1ase
SLd1 a3I11etery lot with a cx:ntract for perpetual cae, using therefor funds from my estate, and I al.lttuize
my personal representative to ca.JSe title to ex- OM1eI'Ship r:i SLd110t so pudlased to be vested in such
persa1 as my personal representative shall designate.
Futher; in this c:orredion, I aJIhorize my personal representative to expend fi.nds fiom my
estate, in sud1 aTlOU1l: as my personal representative shall ronsider neressary and desirctlle, for the
pud1ase, eraction crd insai~ of a suitable Il'aker for my grave.
SECOND
I give, devise CI1d beq.Jealh my entire estate of vtJatever natLre and YWerever situate to my
three children, GLENN G. MAURICE, JR, TERRY RAY MAURICE and PENNY LYNN YOST, in
equal sha"es per stirpes.
"EXHIBIT A"
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ll-IIRD
In the event I an not so SLJVived by my chilcten, GLENN G. MAURICE, JR, TERRY RAY
MAURICE crd PENNY LYNN YOST, a1d a portion of my estate passes to a1 heir LI1der the age of
twenty4ive (25), then that portion of my estate passing to the heir shall be placed 'Nith GLENN G.
MAURICE, JR of Cl.JI1i:ler1a1d Cou1ty, Pen15yIva1ia, as TRUSTEE, l.Ilder the folloMng a:rditions:
1. My Trustee shall pay principal a--d ina:xne to or for the benefit of the heir d.ring his or
her life as my Trustee, from time to time, shall deem advisable for the health, maintencrce, SLWOrt crd
c.arplete education of sud1 heir end the members of his or her imnediate family In addition, my
Trustee in his sole discretion may adva1ce principal to said beneficiary against the fractional shares to
be advanood hereunder for the oosts of marriage, or the purchasing of a home or oosts of entering a
busiress or profession if my said Trustee shall deem sud1 expense reasonably pru::Jent.
2. Nolwithstcrding the fcregoing provisions, after attainment of tvvenly-ooe (21) years,
ea:n heir may withdraw one-half (%) of the principal of his or her trust valued as of said birthday or the
date of division into shares, if later, end after attaining age twenly4ive (25) years, ead1 heir may withdraw
the remainder of said principal a1d undistributed inoome.
3. In the event of the death of a trust benefidary prior to age twenly-five (25) then my
Trustee shall distribute any remaining principal and interest as SLd1 bereficiay shall appoint by specific
reference to this pcM€r in his or her vvill, or if such povver is not exercised in full, the LI1appOinted
principal shall be distributed to his or her issue, per stirpes, or in defau~ of Sl.d1 issue, to my issue, per
stirpes; provided, hoNever, crry portion of SLd1 prircipal, vtlich \MJUld be distributed to a1Y berefiday fa"
W10m a trust is then held hereunder, shall be added to sud1 trust.
4. Stn.J1d the r-fincipal ri crry trust h3rein provided for be cr becxme too small i1 my
Trustee's discretion to ~e estci:lIishnents cr oontil"l..9'lre ri the trust advisable, my Trustee may
dislribJte the remainirg r-fircipal crd crry ac:a.Jru1ated cr lJ1distributed inoome 0LJlrig1t to tre
beneficiaies in the proportions to wid1 they ere 1tm entitled to. The receipts crd releases ri tre
distrituees vvill terminate absolutely the rights ri all persons vkIo might othervvise have fi.Jb.re irterest in
the trust, v.h3lher vested cr oontingent, ~t rdice to them ard vvithcut the necessity ri filing m
accn.nt with the a:ut.
FOURTH
I direct that no trustee, exea.ll:or, gua'dian or otrer fiduciay narred, ncminated, or appointed by
&.1 this my Last Will ard Testanent shall be required to post any 00nd or give crry sea.rity ri crry type for
I. crry purpose W1atsoever; any law or rule of the 00lIt ri tre CornrnorM'eaIth of PernsyIva1ia cr crry
Ie
: i otrer ).risdidion to the oontrary nolwithstandirg. I direct that the law ri the ComrnorMeaIth ci
PernsyIva1ia shall apply to crry interpretation or application of the validity of this insbunent.
FIFlH
My exea.Jtcr and trustee shall have the foIbNirg po.vers in addition to those vested in them by
law and by otrer provisions of this Will, appIicct>Ie to all property, real, p3rSOI1aI Cf mixed and
\\t1eresoever situate, irdudirg property held for minors, v.A1ether r-fincipal or inoome, exercisct>le without
cout approval, and effective, with respect to ead1 item of said property until actual distribution thereof.
A) To retain, as investments ci my estate or trust, any or all assets of my estate, real,
personal, or mixed, withoul: regad to my r-fincipal ci diversification, ard to pud1ase crd acx:tUire real cr
personal property and to h:>Id any cr all of such real and personal property retained or acx:tUired withaJt
makirg the same productive of income.
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B) To permit the dlik:Jen, 0" any ci them, to c:xxl.4)Y any real estate retained 0" acqied
~ sud1 tams crd c:onditicrls as my executor 0" trustee sraJl deem proper:
C) To pay all taxes, ctages crd expenses ci mainter1Cl"03, 4Jkeep, irrprovements,
development, prctedion, peservation and investment of any retained 0" ~ired real 0" personal
property, sud1 payments to be made from either principal 0" ino::rre as my executor 0" trustee sraJl
determine.
D) To retain 0" invest any a1d all funds, Wleth3r principal 0" ira::me, in cny real 0"
persooaI property without restriction to IegaJ investments; to purd1ase investments at premilJTlS; to
exercise all rights of a sewity holder 0" share holder in any oorporation; and to lease, rratgage,
pledge, give q:iia1s lpOI1 0" sell at plb/ic 0" private sale and without approval ci my a::ut, any real 0"
personal prq:aty, 0" portion 0" portions thereof, irrespective of the manner 0" the mealS by \\t1id1 the
sal'le 'Was ac:q.Jired by my said exea.JtO" 0" trustee.
E) To make payment 0" distribution rerein provided for in cash, kind 0" patJy in cash
crd partly in kind, at valuations fixed by my executO" 0" trustee at the time of distril:XJtion.
SIXTH
kry and all payment 0" payments ci any sun or sums, W1ether in cash 0" in kind crd vilether
for principal 0" ira::me, payable to an reir, 0" any ci them, shall be made upon the sole receipt ci the
respective indiviciJal to 'M1om the payment is made, and free from antidpation, alienation, assigTnent,
attactment, and pledge, and free from oontroI by the creditors of any sud1 berefIciary
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SEVENTH
I ~nt son, GLENN G. rw\URICE, JR, Exea..rtor ci this my Last Will a1d Testanent. Should
my said Exea.Jtor fail to SlIVive me or for cny reason fail to qualify as Executor; th3n I appoint
TERRY RAY rw\URICE end PENNY LYNN YOST, Exea..rtor a1d Exea.Jbix ci this my Last Will end
TestaTlent.
IN WITNESS WHEREOF, I have hereu1to set my herd a-ld seal to this, my Last Will
, end TestaTlent, oonsisting cifive (5) typewitten pages, the first four (4) ofw,id1 bear my sig1ature in the
magil ftrlhe pupose of identiIicaio1, 1I1is)7 day of ~ ' 1997.
.
63~I'Y~ (SEAl)
Sig1ed, sealed, p..bIished a1d declcred by the above nared testatrix, BETTY J. rw\URICE, as
end for her Last Will and TestaTlent, in the presenoo of us, Wlo, at her request, in her sig,t a1d
preserce, and in the sight end preserce of each other, have hereunto subscribed our runes as
witnesses.
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ADOOESS :nt{> 4td I} ~ /!;/1l3
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ADDRESS l"i L Cb..~ DJ'\.. C.o- \\."i~ DA
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COMVIONVVEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
We, BETlY J.IV1AURICE, ~ a. ~
LfjJ)J}J) I- f)' LCiu J1 ') , th3 testatrix ard th3 \Wresses, respectively,
W10se nanes ere sigled to th3 attocJ1ed or foregoing instn.ment, being first ciJly S\MXTl, do rereby
decIae to th3 Lrdersigled aJthority that th3 testatrix signed ard exea1ed th3 insln.ment ci her Last Will
ard
, ard Testament, and that she signed willingly ard that she exea.Jted as her free and voIllltay ad for th3
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i pLrpOSeS therein expressed, ard that ead1 of th3 \Wresses, in th3 presence ard reaing ci th3 testatrix,
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I sigled th3 Will as witnesses, and that to th3 best ci treir krloMedge, th3 testatrix was at th3 tirre
Ii eig1teen (18) yeas ci age or older; ci sard mind and l.Ilder no constraint or undue influerce.
II S\\an to ard Slbsaibed before rre this d 7 day ci /l~ ~
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, 1997.
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Notarial Seal
Jennifer S. Calaman, Notary Pt;bhc
Carlisle Boro, Cumberland County
My Commission Expires Nov. 29,1999
Member. Pennsylvania Association of Notaries
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
05-29-2006
MAURICE
01-20-2006
21 06-0303
CUMBERLAND
101
APPEAL DATE: 07-28-2006
( See reverse side under Objections)
Amount Remitted I I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
~Y!_~~9~~_!~!~_~!~~______~___~~!!!~_~9~~~_~9~!!9~_~9~_~g~~_~~~9~P~__~____________________
REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
BETTY J FILE NO. 21 06-0303 ACN 101
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BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX Z80601
HARRISBURG PA 171Z8-0601
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
DAVID A BARIC
OBRIEN ETAL
19 W SOUTH ST
CARLISLE
ESQ
PA 17013
ESTATE OF
MAURICE
'*
REV-lS47 EX AFP (06-05)
BETTY
J
TAX RETURN WAS: (X) ACCEPTED AS FILED
DATE 05-29-2006
) 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)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. JointlY Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
6.956.00
.00
.00
(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
I~ an assessment was issued previOUSly, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~1gures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15)
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
X C DIT:
NOTE:
+
INTEREST/PEN PAID (-)
10.86
DATE
04-05-2006
NUHBER
CD006522
(9)
(10)
2,131. 00
.00
(11)
(12)
(13)
(14)
.00 X
4,825.00 X
.00 X
.00 X
AHOUNT PAID
217 .12
TOTAL TAX CREDIT
BALANCE OF TAX DUE
" EXH I BIT B" INTEREST AND PEN.
TOTAL DUE
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
6,956.00
2.131 00
4,825.00
.00
4,825.00
00 =
045 =
12 =
15 =
.00
217 .12
.00
.00
217 .12
(19)=
227.98
10.86CR
.00
10.86CR
IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR I~STRUCTIONS~)_