HomeMy WebLinkAbout03-07-07
INRE:
ESTATE OF HOWARD L. KAUTZ,
Deceased
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
FILE NO. 21 - 06 - 0173
--------------------------------------------------------------------------------------------------------------------
PETITION TO RECONSIDER OBJECTIONS OF
SONJA L. BRUNNER AND JEFFREY D. APGAR
-----------------------------------------------------------------------------------------------------~-------------'.
...-J
..,
TO THE HONORABLE, THE AUDITING JUDGE:
I
-~
, I
AND NOW, this 7th day of March, 2007, Sonja L. Brunner and Jeffrey D. Ap~ar,
beneficiaries and heirs under the Will of Howard L. Kautz, Deceased, file this Petition to Reconsider
Objections to the account prepared by Marilyn E. Kautz, Executrix of the Estate, filed with the clerk
ofthe Orphans' Court Division of Cumberland County, Pennsylvania, on January 31,2007, and state
as follows:
1. Pursuant to Pennsylvania Orphans' Court Rules, Rule 6.3, no account shall be
confirmed unless the accountant has given written notice of the filing of the account and the call
thereof for audit or confirmation to every person known to the accountant to have or claim an
interest in the estate. Pa.O.C. Rules, Rule 6.3. Rule 6.3 further provides that said notice shall
state the date, time and place of the audit, to the extent then known, and shall also state the last
day to file objections to the account in counties where local rules require written objections. Id.
J
2. Objectants received from Executrix Marilyn E. Kautz, by and through her attorney
Michael Bangs, the Notice and First and Final Account attached hereto as Exhibit A. Said
Notice did not include the time at which the account would be called for confirmation as required
by Rule 6.3, and only stated that "all formal Objections are due on or before March 6,2007."
Notice to Objectants' counsel, also included with Exhibit A, similarly did not state the time at
which the account would be called for confirmation as required by Rule 6.3.
3. Objectants filed their "Objections of Sonja L. Brunner and Jeffrey D. Apgar" with
the Register of Wills at the Cumberland County Courthouse on March 6, 2007. The Objections
were file stamped by the Register of Wills at 9:56 am. A copy of the file-stamped Objections is
attached hereto as Exhibit B.
4. As a result of the failure of Executrix to provide proper Notice, Objectants'
Objections were not presented to the Court prior to the confirmation of the account.
5. Because distributions will not be made from the account for a period of twenty
(20) days from the date of confirmation of the account, the parties in this matter would not be
prejudiced by consideration of Object ants' Objections.
WHEREFORE, Objectants, Sonja L. Brunner and Jeffrey D. Apgar, respectfully request
that this court set aside the confirmation of the First and Final Account of Decedent's estate
- 2 -
ordered on March 6,2007, and consider the Objections of Sonja L. Brunner and Jeffrey D. Apgar
as timely filed.
Respectfully submitted,
NAUMAN, SMITH, SHISSLER & HALL, LLP
By
~
Suzanne S. Becker, Esquire
Supreme Court ID# 201873
200 North Third Street, 18th Floor
P. O. Box 840
Harrisburg, PAl 71 08-0840
Phone: 717-236-3010
Fax: 717-234-1925
Attorneys for Objectants, Sonja L. Brunner and
Jeffrey D. Apgar
Date: March 7, 2007
- 3 -
CERTIFICATE OF SERVICE
AND NOW, on the date stated below, I, Suzanne S. Becker, Esquire, of the firm of
Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing
"Petition for Reconsideration of Objections" by depositing a copy of the same in the United
States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following:
Michael L. Bangs, Esquire
Bangs Law Office
429 South 18th Street
Camp Hill, P A 17011
NAUMAN, SMITH, SHISSLER & HALL, LLP
By:
200 North Third Street, P. O. Box 840
Harrisburg, P A 17108-0840
Telephone: (717) 236-3010
Counsel for Objectants, Sonja L. Brunner and
Jeffrey D. Apgar
Date: March 7,2007
- 4 -
BANGS LAW OFFICE.
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
E-mail: mikebangs(Cilverizon.net
PHONE: 717-730-7310
~AJ{: 717-730-7374
MICHAEL L. BANGS, Attorney-at-Law
WENDY K. STRAUB, Paralegal
WILLIAM E. MILLER, JR.
Of Counsel
February 1,2007
Mrs. Sonja L. Brunner
155 Strickler Drive
York Haven, P A 17370
Mr. Jeffrey D. Apgar
5616 Heather Lane
Laurys Station, P A 18059
Dear Mrs. Brunner and Mr. Apgar:
Enclosed you will find a true and correct copy of a First and Final Account that has been filed by
Marilyn E. Kautz, Executrix of the Estate of Howard L. Kautz. I am providing you with this document
in accordance with the notice requirements advising you of the filing.
Please be advised that if you determine there is a need to file any Objections to the First and Final
Account, all formal Objections are due on or before March 6, 2007. If no Objections are filed, the
Account will be confirmed on March 6, 2007. We will notify you of the confirmation of the Account.
I have, as of this date, sent a copy ofthis notice and document directly to your counsel.
Very truly yours,
Michael L. Bangs
wks
Enclosure
cc: Ms. Marilyn E. Kautz
Suzanne S. Becker, Esquire
I EXAfT
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
FILE NO. 21 - 06 - 0173
FIRST AND FINAL ACCOUNT OF
Marilyn E. Kautz, Executrix of the
ESTATE of HOWARD L. KAUTZ, Deceased
Late of Camp Hill Borough, Cumberland County, Pennsylvania
Date of Death:
February 3, 2006
Date of Grant of Letters Testamentary to
Marilyn E. Kautz
February 24, 2006
Date of First Advertisement of Letters:
Cumberland Law Journal
The Sentinel
March 10, 2006
March 7, 2006
Date of Accounting
February 3, 2006 to
January 31, 2007
PURPOSE OF ACCOUNTING:
Marilyn E. Kautz, Executrix, offers this Account to acquaint interested parties with the
transactions that have occurred during this administration.
It is important that the Account be carefully reviewed. Requests for additional
information or questions can be discussed with:
Michael L. Bangs, Esquire
Bangs Law Office
Attorney Identification Number 41263
429 South 18th Street, Camp Hill, PA 17011
(717) 730-7310
r. S :9 ~~\f \ S I'fill' LOOZ
SUMMARY OF ACCOUNT
i
PAGE
PRINCIP AL
Receipts of Principal 3 $150,250.56
LESS DISBURSEMENTS
Debts of Decedent 4 $1,743.18
Administrative Expenses 4 $15,274.51
Attorney's Fees 5 $8,000.00
Administrator's Fee 5 $5,000.00
Accountant Fees 5 $500.00
$30,517.69
INCOME
Receipts of Income 6 $0.00
COMBINED BALANCE ON HAND $119,732.87
PROPOSED SCHEDULE OF DISTRIBUTION 7
VERIFICATION 8
Page 2
RECEIPTS OF PRINCIPAL
PRINCIPAL .,
DATE RECEIPTS
3/21/2006 Sale of freezer $25.00
3/22/2006 Sale of automobile $4,800.00
Burial contribution from Cumberland County - -----
3/22/2006 $100.00
4/10/2006 Refund of insurance premium from Highmark $101.83
4/10/2006 Refund of automobile insurance premium from State Farm $109.86
5/4/2006 Refund from IRS (2005 income tax) $57.00
5/23/2006 Proceeds from sale of miscellaneous personal property at auction $143.85
6/7 /2006 Refund from PA Department of Revenue (2005 income tax) $6.00
7/5/2006 Proceeds from sale of real estate $143,343.55
7/14/2006 Refund from PP&L Electric $19.95
7/25/2006 Refund from PP&L Electric $13.00
8/15/2006 Refund from P A American. Water Company $18.57
9/8/2006 Proceeds from sale of miscellaneous personal property at auction $1,511.95
TOTAL PRINCIPAL RECEIPTS $150,250.56
.
- .
.
Page 3
DISBURSEMENTS OF PRINCIPAL
:os.'_
DATE DEBTS OF DECEDENT >'\l' ~, ~ -'~ :1';'" ;''0,'
,
-- -
3/6/2006 P A American Water Company (1/13/06 to 2/9/06) $16.87
3/6/2006 Verizon $9.96
3/6/2006 Travelers Insurance (homeowners insurance) $49.33
PA American Water Company (2/9/06 to 3/10/06) -- f----
3/21/2006 - $18.05
3/21/2006 AT&T $4.63
3/21/2006 Montour Oil Company (budget payment per statement) $92.00
3/30/2006 Penn Waste, Inc. (April-June) $42.61
3/30/2006 PP&L (2/13/06 to 3/15/06) $29.46
4/1 0/2006 Montour Oil Company (budget payment per statement) $66.31
4/25/2006 P A American Water Company (3/1 0/06 to 4/12/06) $18.66
5/1/2006 Janet Miller (2006 county/township taxes) $606.69
5/1/2006 PP&L (3/15/06 to 4/13/06) $32.99
5/10/2006 Janet Miller (2006 personal tax bill) $5.00
5/23/2006 Travelers Insurance (homeowners insurance) $49.33
5/26/2006 PP&L (4/13/06 to 5/15/06) $32.97
5/26/2006 P A American Water Company (4/12/06 to 5/11/06) $18.66
6/8/2006 Holy Spirit Hospital $31.03
6/12/2006 Montour Oil Company (final bill) $279.37
6/30/2006 PP&L (5/15/06 to 6/14/06) $32.95
6/30/2006 PA American Water Company (5/11/06 to 6/12/06) $18.57
PP&L (final bill) --.
7/5/2006 $13.00
7/12/2006 PA American Water Company (final bill) $30.40
7/12/2006 Camp Hill Borough (sewer January-June) $85.00
9/26/2006 Central P A Radiation/Oncology $124.00
11/29/2006 Travelers Insurance (final home owners insurance due after cancelation) $35.34
TOTAL DEBTS OF DECEDENT: $1,743.18
ADMINISTRATIVE EXPENSES -
DATE
-~.-
-- ---
2/23/2006 Register of Wills (probate fees) . $314.00
-
2/28/2006 Cumberland Law Journal (advertising fee) $75.00
3/6/2006 Myers-Hamer Funeral Home, Inc. $635.00
3/6/2006 Trinity Evangelical Lutheran Church (funeral luncheon) $303.14
-
3/21/2006 RCS Construction (snow removal at real estate) $25.00
3/23/2006 The Sentinel (advertising fee) $107.99
3/28/2006 M&T Bank (check charge for estate checking account) $12.50
3/31/2006 Postmaster (certified mailing of income tax returns) $8.85
3/31/2006 Register of Wills (additional short certificates) $20.00
Robert Losh (painting of house and removal of carpet) ---
4/10/2006 $1,950.00
5/9/2006 Free Flow (plumbing at real estate) $135.00
,_I
'1i.l.
Page 4
DISBURSEMENTS OF PRINCIPAL
5/23/2006 Chad Gallaher (removal, of trash.and scrap from house) $160.00 .;; ,,':..... i':
5/23/2006 Robin Gochenauer (cleaning of residence) $100.00
5/25/2006 The Carpenter's Shop (removal of items from house for auction) $750.00
6/30/2006 Chad Gallaher (yard maintenance) $405.00
10/27/2006 Register of Wills (inheritance tax due) $10,060.00
10/27/2006 Register of Wills (filing fee for inheritance tax return and inventory) $30.00 I
10/27/2006 Postmaster (mailing of inheritance tax return and inventory) $3.03
1/31/2007 Register of Wills (Accounting filing fee) $180.00
TOTAL ADMINISTRATIVE EXPENSES: $15,274.51
DATE FEES AND COMMISSIONS
--.
-
Michael L. Bangs, Esquire (attorney fees) (to be paid) $8,000.00
5/1/2006 Boyer & Ritter (accountant fee) $250.00
Marilyn E. Kautz (executrix commission) (to be paid) $5,000.00
Boyer & Ritter (accountant fee) (to be paid) $250.00
TOTAL FEES: $q.?~_~.~O
TOTAL DISBURSEMENTS OF PRINCIPAL: $30,517.69
Page S
~1'"
l,of:
1'~;\
RECEIPTS OF INCOME
INCOME, : cr, ,', '; ,<' f.~~';" x; \ ',( ,', ,~, ',j ! ':", ,
DATE RECEIPTS
--
-
TOTAL INCOME RECEIPTS $0.00
Page 6
PROPOSED SCHEDULE OF DISTRIBUTION OF REMAINING PRINCIPAL AND INCOME
NAME .. '-; DISTRIBUTION
- ...
Marilyn E. Kautz $59,866.43
Sonja L. Brunner $29,933.22
Jeffr~y~_ Apgar $29,933.22
TOTAL DISTRIBUTIONS TO BENEFICIARIES $119,732.87
Page 7
AFFIDA VII
Marilyn E. Kautz, Executrix of the Estate of Howard L. Kautz, deceased, hereby declares
under oath that she has fully and faithfully discharged the duties of her office; that the foregoing
Account is true and correct and fully discloses all significant transactions occurring during the
accounting period; that all known claims against the estate have been paid in full; that, to the best
of her knowledge, there are no claims now outstanding against the estate; that all taxes presently
due from the estate have been paid; and that more than four months have elapsed since the first
complete advertisement of the granting of letters in this estate.
Ihis statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
hJ~ t kcu4,
Marilyn autz
NOTMli Sf.At
V~'EWDY S. CI11:~lt, 0, h~ ~I!.~fu;
lCNN Alterl Twp., Cmn~nd Cmr.'lty
My ~n E)(~ May 10, 2''>>1 REQUEST FOR DISTRIBUTION
Accountant requests that distribution be dete~ined by the Court in accordance with the
Schedule of Proposed Distribution filed as part of this account.
'mi1JLJJ~ ~~ kcu~g
Marilyn E. J(( tz, Executrix .
Page 8
BANGS LAW OFFICE
4-29 SOUTH 18TH STREET
CAMP HILL, PA 17011
F:-lIlail: mikebarigs@veiizOIl:net
PHONE: 717-730-7310
lPAJ{: 717-730-7374-
MICHAEL L. BANGS, Attorney-at-Law
WENDY K. STRAUB, Paralegal
WILLIAM E. MILLER, JR.
Of Counsel
February 1,2007
Suzanne S. Becker, Esquire
Nauman Smith Shissler & Hall
200 North Third Street
Harrisburg, P A 17101
RE: Estate of Howard L. Kautz
Dear Ms. Becker:
We have filed the First and Final Account. I have sent the enclosed letters with the First and Final
Account directly to Sonja and Jeffrey as is required under the PEF Code. I am providing you with a
copy of the First and Final Account and copies of the letters I have sent out.
If you have any questions, please let me know.
Assuming that there are no Objections and the First and Final Account is confirmed on March 6,
2007, we will be in a position to disburse the funds following the expiration of twenty days after the
confirmation. This is the appeal period that runs following the confirmation. Therefore, the
distribution should be made some time at the end of March.
Please feel free to contact me if you have any questions.
! Very truly yours,
I t
.II J'
\;/ \ \,/\
\ '-'
Michael L. Bangs
wks
Enclosure
cc: Ms. Marilyn E. Kautz
)4-(-.';if.'ii .1"1\
.r!~:m;:.\'0iD
..:Jil.....,WIJ iO-iU''<UI 10.."'" "
COMMOr-JWEALTH OF PEI,l/,rSYLIJAt.U;'
IHHERITAl'lCE TAX RETlmH
P.ESIDEt.lT OEC'[DE1.IT
JOINTLY-OWNED PROPERTY
ESTATE OF
Kautz, Howard L.
IFILE l'lUMBER
21-06-0173
11 all assot was made jOllll WlUlHl onu year of the dElcmlcnt's datp- of death! It must be reported un 5chedulu G.
SURVIVING JOINT TE~jANT(S) NAME
ADDRESS
RELATIONSHIP TO DECEDENT
A. Marilyn E. .Kautz
2095 Clarendon Street
Camp Hill, PA 17011
Daughter
8.
c.
JOINTLY OWNED PROPERTY:
LEifER DESCRIPTION OF PROPERTY '\10 OF DATE OF DEATH
DATE DATE OF DEATH
ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT DECO'S VALUE OF
NUMBER NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH DEED FOR VALUE OF ASSET DECEDENT'S INTEREST
TENANT ,JOINT JOINTL Y.HELO REAL ESTATE. IhlTERES'[
1 A 4/18/1989 PNC Bank - Account #5140033157. 16,899.76 50.000% 8,449.88
Joycelyn E. Apgar predeceased the
decedent on 12/1/03 whereby the accounf
vested in Marilyn E. Kautz as the
surviving joint owner.
2 A 2/5/2004 Wachovia Bank - Account 90,587.83 50.000% 45.293,92
1010084283379. This account was joint
with the right of survivorship.
3 A 2/5/2004 Wachovia Securities - Investment 24,416.60 50.000% 12.208.30
Account #6647 -7 455 (Evergreen P A Tax
Free Fd, Class B). This account was
joint with the right of surVivorship.
\ \ \
\
TOTAL (Also enter on Line 6, Recapitulation)
65.952.1 (
ilf more space l~ needed, ;lriditlo,
~;(JOyrlC111\ Ie: :~OO= [mOl software onlY TIle I_Licl\ner '-,IOUp. Inc. '
b
:0
~
EXH~BmT
1\
---
/
FrHm 1~/\-15()1I :;cllenUle F (f'{p'1J ,;.c.
r~. - C', i i ~~..: ~ ~::' C
INRE:
ESTATE OF HOWARD L;)<:AUTZ,Ci'::
Dece!ased
l......\ :,.:
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1-, ~
ORPHANS' COURT DIVISION
FILE NO. 21 - 06 - 0173
--------------------------------------------------------------------------------------------------------------------
OBJECTIONS OF SONJA L. BRUNNER AND JEFFREY D. APGAR
--------------------------------------------------------------------------------------------------------------------
TO THE HONORABLE, THE AUDITING JUDGE:
AND NOW, this 6th day of March, 2007, Sonja L. Brmmer and Jeffrey D. Apgar,
beneficiaries and heirs under the Will of Howard L. Kautz, Deceased, object to the account prepared
by Marilyn E. Kautz, Executrix ofthe Estate, filed with the clerk of the Orphans' Court Division of
Cumberland County, Pennsylvania, on January 31, 2007, for the following reasons:
1. Objectants SonjaL. Brunner and Jeffrey D. Apgar are the children ofthe late
Joyce1yn Apgar, daughter of Howard L. Kautz and sister of Marilyn E. Kautz. Joycelyn Apgar
died in December, 2003.
2. Objectants, as beneficiaries under the Will of Howard L. Kautz, Deceased, have a
direct interest in the account and settlement of the estate of Howard L. Kautz.
3. Prior to the death of Joycelyn Apgar in December of2003, the Decedent intended
that his two daughters share equally in all his assets as evidenced by his Last Will and Testament
then in effect. To the best knowledge and belief of Objectants, on or about May 2004, the
Executrix induced Howard L. Kautz to change his Will to leave a majority of his assets to
Marilyn E. Kautz. After discovering the effect such a change would have on the distributions to
the children of Joycelyn Apgar, Howard L. Kautz subsequently changed his Will again in August
EXHIBIT
113
2004, to leave one half of his estate to Marilyn E. Kautz and one-half of his estate to the
Objectan.ts, the children of Joycelyn Apgar.
4. The Executrix filed her First and Final Account with the Clerk of the Orphans'
Court Division of Cumberland County on January 31, 2007, which account failed to include
various bank accounts held by Decedent during his lifetime, a list of which is attached hereto as
Exhibit A (Schedule F of Decedent's REV-1500).
5. The Executrix claims that prior to his death, Decedent Howard L. Kautz changed
said accounts to include Marilyn E. Kautz as a joint tenant with right of survivorship, thereby
vesting full right, title and interest in each of these accounts to Marilyn E. Kautz upon
Decedent's death.
6. Objectants believe and therefore aver that it was not Decedent's intent to vest full
right, title and interest in said accounts to Marilyn E. Kautz upon his death, but instead intended
that said accounts be distributed according to the provisions of his Will.
7. To the best knowledge and belief of Objectants, Marilyn E. Kautz held a General
Power of Attorney for Howard L. Kautz at the time said accounts were changed to include
Marilyn E. Kautz as a joint owner, and that Marilyn E. Kautz held a confidential relationship
with the Decedent. Objectants believe and therefor aver that Decedent relied upon Executrix to
act in accordance with his intentions.
8. Objectants believe and therefore aver that Marilyn E. Kautz exercised undue
influence over Decedent and through that influence induced Decedent to name Executrix joint
owner with right of survivorship in certain bank accounts, with the ultimate result that Marilyn E.
Kautz received all the assets from said accounts.
- 2 -
9. As a result of the Executrix's failure to include said accounts in the Decedent's
probate estate, Sonja L. BrUlmer and Jeffrey D. Apgar will not receive the distribution intended
by Decedent.
10. Objectants request that this Court:
a. Require the Executrix to include in the First and Final Account of
Decedent's estate, the bank accounts listed on Exhibit A attached hereto.
b. Require the Executrix to revise the Schedule of Distribution accordingly.
WHEREFORE, Objectants, Sonja L. Brunner and Jeffrey D. Apgar, respectfully request
that the Executrix be required to include in the First and Final Account of Decedent's estate, the
bank account listed on Exhibit A attached hereto and further require the Executrix to revise the
Schedule of Distribution accordingly.
Respectfully submitted,
NAUMAN, SMITH, SHISSLER & HALL, LLP
~'
,.
i 1/ ,,1
By_,.~/l , ,t/ut/LtG~,)-?_/.Jj .,' (!r!Ct
Spencer Gi auman, Jr., EsqUlre
Supreme Court ID #07226
Suzanne S. Becker, Esquire
Supreme Court ID# 201873
200 North Third Street, 18th Floor
P. O. Box 840
Harrisburg, P A 17108-0840
Phone: 717-236-3010
Fax: 717-234-1925
Attorneys for Objectants, Sonja L. Brunner and
Jeffrey D. Apgar
Date: March 6, 2007
.,
- .J -
1, Sonja L. Bni.ner,the undersigned do hereby state that the statements set forth ill the
foregoing "ObjectionsH are true and correct to the best afmy knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. ~4904 relating to tillSWom falsification to authorities. I
. . . ~ 19'..... J I jov.J-.-"".--,
d0"-'.\L-- 1I ) L~.
Sonj1.ti. BnUlIler
Date: 3 d'.:) ,01
-4-
VERlFICA lION
I, JeffTey D, Apgar, the undersigned do hereby state that the statements set forth in the
foregoing "Objections" are true and correct to the best of myilcnowledge, information c.md
belief. I understand that false statements herein are made subj ect to the penalties of 18 Pa.
I
I
C.S.A. ~4904 relating to LillSWOlll t~1.1sification to authorities. '
~ Ji-I'~/"l
Jeffhy D. Apgar
Date: ? 'f,' 'r
- 5 -
CERTIFICATE OF SERVICE
AND NOW, on the date stated below, I, Suzanne S. Becker, Esquire, of the firm of
Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing
"Objections" by depositing a copy of the same in the United States Mail, first class, postage
prepaid, at Harrisburg, Pennsylvania, addressed to the following:
Michael L. Bangs, Esquire
Bangs Law Office
429 South 18th Street
Camp Hill, P A 17011
By:
~.
NAUMAN, SMITH, SHISSLER & HALL, LLP
~,
{ ;: 1/7/1 ~
.\( i IIl/\-I:L-{'L/l'UV' .-{ic /;1 (. ( (
Suza~he S. Be~ke~, Esquir~
Supreme Court ID# 201873
200 North Third Street, P. O. Box 840
Harrisburg, P A 17108-0840
Telephone: (717) 236-3010
Counsel for Objectants, Sonja L. Brunner and
Jeffrey D. Apgar
Date: March 6, 2007
- 6 -