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Home My WebLink About11-20-06 LA\V OFFICI-S MARLIN R. McCALEB IN RE: ESTATE OF KATHRYN ROGERS MOORE, DECEASED, LATE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ESTATE NO. 21-05-0682 PETITION FOR DECREE AWARDING REA:L ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Judy L. Goble, Executrix under the Last will and Testament of Kathryn Rogers Moore, Deceased, by and through her attorney, Marlin R. McCaleb, Esquire, respectfully represents as follows: 1. Kathryn Rogers Moore, also known as Kathryn E. Rogers, the decedent herein, died testate on June 20, 2005, a resident of Upper Allen Township, Cumberland County, Pennsylvania, having first made her Last will and Testament dated March 28, 1995. .,}. At the time of her death, the decedent was not married 1-_ CL an~~s survived by two children, namely: ,John D. Rogers and LLC)"--. o C.) r"-' J~>~. Goble. a: '-~ <:. :::J ::? t;: OII~3 . Letters Testamentary herein were issued by the ~1: fP b~ Regle:):e,r of wills of Cumberland County , Pennsylvania, to Judy L. Goble, the petitioner herein, pursuant to said Last Will and Testament. 4. The assets of the decedent's estate include a certain condominium unit known and numbered as 537 Brighton Place, Upper Allen Township, Cumberland County, Pennsylvania. 5. On or about April 28, 2006, petitioner prepared and filed with said Register of wills an Inventory of the assets of LA\;\! OFFI(I-:S MARLIN R. McCALEB said Estate, showing total assets in the amount of $457,216.83, including the aforesaid condominium unit valued at $130,000.00. 6. petitioner has prepared and filed with said Register a Pennsylvania Inheritance Tax Return for this Estate and has paid Pennsylvania inheritance tax in the total amount of $26,756.46, as evidenced by the notice dated October 23, 2006, attached hereto and made a part hereof, marked Exhibit "A", and a certain receipt, attached hereto and made a part hereof, marked Exhibi t "B". 7. All debts and obligations of the decedent have been paid in full and there are no unpaid creditors of the Estate. 8. All of the specific bequests set forth in decedent's said Last will and Testament have been paid and delivered to, and received by, the beneficiaries named therein. 9. Your Petitioner has informally stated her First and Final Account and Statement of Proposed Dist:ribution, in which she proposes to distribute the residue of said Estate, including the real estate described in Paragraph 4, above, to John D. Rogers and Judy L. Goble, pursuant to Item THIRD of said Last will and Testament. Your petitioner proposes to distribute the said real estate in kind to the said residuary beneficiaries. 10. John D. Rogers and Judy L. Goble, residuary beneficiaries as aforesaid, have accepted said Account and Proposed Distribution by way of a Family Settlement Agreement -2- executed by them on November 8, 2006, and filed with said Register of Wills on November 17, 2006. 11. There are no persons interested in this Estate who have not joined in the aforesaid Family Settlement Agreement. 12. Your Petitioner desires to avoid the time and expense of a formal accounting and confirmation that has been rendered unnecessary because of the foregoing facts and circumstances. WHEREFORE, your Petitioner respectfully requests your Honorable Court to issue a Decree Awarding Real Estate transferring decedent's real estate in kind to John D. Rogers and Judy L. Goble, residuary beneficiaries, without the filing of an official First and Final Account and confirmation of same. '7J/ It l/! ,~~{~vl Marli Mccal~ Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Estate of Kathryn Rogers Moore Date: November 20, 2006 LAVV ()FFI( -f'S MARLIN R. McCALEB -3- COMMONWEALTH OF PENNSYLVANIA) SS COUNTY OF CUMBERLAND) Judy L. Goble, being duly sworn according to law deposes and says that she is the petitioner in the foregoing Petition for Decree Awarding Real Estate; and that the facts set forth information and belief. therein are true and correct to the best of her knowledge, Sworn to and subscribed before me this. ::0 fi-~:./_)ove.mber, 2006. ~/k5/ 0"~~L N tary Public Notarial Seal Mar1in R. McCaleb, Notary Public Mechanicsburg Bora. Cumberland County My Commission Expires Dec. 14. 2006 Member, PE'[i;-':~"/ < ,.:i~;,~'~S;.",>1t;nn ()f ~htFirj8S I i\VV orrlCTS MARLIN R. McCALEB -4- J JJir L. Goble Appeal Dat~: 12-22-2006 (See reverse side under Objections) Amount Remitted I I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: Re~lister .of Wills Cumberland County Courthouse Carlisle, PA 17013 CUT ALONG THIS LINE c::> RETAIN LOWER PORTION FOR YOUR RECOHDS <;:::J -R-Ev:154fEX-(O-6-ifS)-PC- - - - - - - - - - - - - Notic-E- bTfN~:.fERff.(NCE-=rA5( AP-pi'{Ais-EME-Nt-,- A-CLOWAr:.rCE- OR -- - - - - - - - - - - - - - - - - -- - - - - - - - - -- -- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX MOORE KATHRYN R FILE NO. 2105-0682 ACN 101 TAX RETURN WAS: ([g]) ACCEPTED AS FILED ( 0 ) 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 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 26,313.52 10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 546.54 11. Total Deductions (11) 26,860.06 12. Net Value of Tax Return (12) 590,168.85 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) 0.00 14 Net Value of Estate Subject to Tax (14) 590,168.85 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16,17 and 18 will reflect figures that include the total of. All returns assessed to date. BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NO. COUNTY ACN MARLIN R MCCALEB ESQ M R MCCALEB LAW OFFICES PO BOX 230 MECHANICSBURG PA 17055 ESTATE OF (1) (2) (3) (4) (5) (6) (7) ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 taxable at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: 10-23-2006 MOORE 06-20-2005 21 05-0682 Cumberland 101 REV-1547 EX (06-05) PC KATHRYN R DA TE 10-23-2006 130,000.00 16,091.97 0.00 0.00 311,124.86 7,012.21 152,799.87 (8) NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 617,028.91 (15) 0.00 X .00 0.00 (16) 590,168.85 X.045 26,557.60 (17) 0.00 X .12 0.00 (18) 0.00 X .15 0.00 (19) 26,557.60 PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 04-28-2006 CD006628 -141.90 26,699.50 BALANCE OF UNPAID INTEREST/PENALTY AS OF 04-29-2006 TOTAL TAX CREDIT 26,557.60 BALANCE OF TAX DUE 0.00 INTEREST 56.96 TOTAL DUE- 56.96 IF PAID AFTER DATE INDICATED, SEE REVERSE (IF TOTAL DUE IS lESS THAN $1, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A CREDIT (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) Exhibit:. "AIf CO~;MONWEAlTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96j RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT MCCALEB MARLIN R 219 E MAIN STREET MECHANICSBURG, PA 17055 n______ fold ESTATE INFORMATION: SSN: 232-42-2567 FILE NUMBER: 2105-0682 DECEDENT NAME: MOORE KATHRYN ROGERS DATE OF PAYMENT: 11/03/2006 POSTMARK DATE: 11/03/2006 COUNTY: CUMBERLAND DATE OF DEATH: 06/20/2005 NO. CD 007389 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $56.96 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: MCCALEB MARLIN R CHECK#1067 SEAL INITIALS: AJW RECEIVED BY: TAXPA YER Exhibit "B" $56.96 GLENDA FARNER STRASBAUGH REGISTER OF WillS