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HomeMy WebLinkAbout08-20-07 IN RE: ESTATE OF JOHN F. KIMMEL, LATE OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-1018 NOTICE OF FILING ACCOUNT NOTICE IS HEREBY GIVEN that Lois A. McKeon, Administratrix of the Estate of John F. Kimmel, deceased, has this date filed her First and Final Account and Statement of Proposed Distribution in the above-captioned Estate in the Cumberland County Register of Wills Office where the same is filed as public record and may be inspected. Enclosed herewith is a copy of the First and Final Account as filed. YOU ARE FURTHER notified that any exceptions or objections to said Account must be filed in writing at the Cumberland County Clerk of the Orphans' Court Office not later than the audit day of said Account sched- uled as set forth below. UNLESS written exceptions or objections are filed thereto, said Account will be presented to the above-captioned Court at 9:30 A.M. on Tuesday, October 9, 2007, at which time said Account will be audited. Date: ~l;a.olo( c; 1'_) (~;;.) c::::-. _..J cc: .;J .-:J --I Shawn F. Arnold (via certified mail, return receipt reqUested)~ c Misty E. King (via certified mail, return receipt requested) Lois A. McKeon, Administratrix Esquire for t e Estate One West Main Street Shiremanstown, PA 17011 (717) 737-8761 ~JIll , , '. - c:: L-) 1'.) o v N -"It DECEDENT'S ESTATE COURT OF COl\1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION ESTATE OF JOHNF. KIMMEL , DECEASED No. 21-06-1018 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 o (:::;0 '--=g --(J ~~,p ~- f"7l -n "" c-::> c:.::) -.J :J:'>'> f= This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTSAT THE BACK OF THIS FORM. Name of Counsel: James D. Bogar, Esquire Supreme Court I.D. No.: 19475 Name of Law Firm: Law Office of James D. Bogar Address: 1 West Main Street, Shiremanstown, PA 17011 Telephone: (717) 737-8761 Fax: (717) 737-2086 Form OC-01 rev. 10.13.06 Page 1 of! 0 o C) f') o -0 . 'I C') 1"',) -;"1 01 Estate of JOHN F. KIMl\1EL , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Lois A. McKeon Address: 633 Allen Street New Cumberland, PA 17070 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . .. ~ Yes D No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 7/31/2006 [] Letters Testamentary or ~Letters of Administration were granted to Petitioner(s) on 11/17/2006 Date ofWi11 (if applicable): N/A Date(s) ofCodici1(s) (ifapplicable): N/A Date of probate (if different from date Letters granted): 11/17/2006 Was a bond required? [JY es l2] No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... r2) Yes [] No Dates of advertising of the grant of Letters: The Patriot News 11/29, 12/6 & 12/13/06 Cumberland Law JoumalI2/1, 12/8 & 12/15/06 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of JOHNF. KIMMEL , Deceased 3. Was decedent survived by a spouse? ............................. DYes f2]No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............ . DYes D No (See Section 2201 et sea. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): Shawn F. Arnold Misty E. King 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. DYes lEI No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes lEI No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. ~ 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I2]Yes D No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of JOHNF. KIM:MEL . Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name andAddress of Each Par tv in Interest Relationshio and Comments, if anv Interest Shawn F. Arnold FR 5511,5706 Glad Pike Somerset, P A 15501 son 50% ofrest, residue and remainder Misty E. King 643 Bethel Road Paw Paw, WV 25434 daughter 50% of rest, residue and remainder Form OC-01 rev. 10.13.06 Page 4 ofl 0 Estate of JOHNF. KIMMEL , Deceased Name andAddress of Each Party in Interest Relationship and Comments, ifanv Interest B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. N/A C. State why a Petition for Guai-dian/Trustee Ad Litem has or has not been fIled for this Audit (~ee Pa. o.c. Rule 12.4). Appointment of GuardianlTrustee is not required D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A Form OC-01 rev. 10.13.06 Page 5 ofl 0 Estate of JOHN F. KIMMEL . Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? N/A DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. ~ 3392 and the proposed payments. 11. Was family exemption claimed? DYes 12] No Was family exemption allowed? DYes DNo Family exemption claimant's name and relationship: Name: Relationship: Form DC-OJ rev. 1O.J3.06 Page 6 of 10 Estate of JOHNF. KIMMEL , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) ofpayment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 03-14-2007 $0.00 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? . . . . . . . . . . . . . . . . . . . DYes ~ No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. DYes D No 15. IfPetitioner(s) haslhave knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC-OJ rev. JO.13.06 Page 7 of 10 Estate of JOHN F. KIM:MEL , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . D Yes ~ No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............ . DYes D No 18. If a reserve is requested, state amount and purpose. Amount: 950.00 Purpose: Costs to conclude administration of Estate, including certified mail charges, possible unpaid medical bills, preparation of Fiduciary Income Tax Returns If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ DYes [a No If so, attach a copy of the notice. 19. Is the Court being asked to direct the fIling of a Schedule of Distribution? DYes [a No As to real estate only? ........................................ DYes I2]No Form OC-OJ rev. 10.13.06 Page 8 of 10 Estate of JOHN F. KIMMEL , Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares ofincorne and principal (residuary shares being stated in proportions, not amounts) are as follows: A. mcorne: Proposed Distributee(s) Amount/Proportion Shawn F. Arnold $0.00 Misty E. King $0.00 B. Principal: Proposed Distributee(s) Amount/Proportion Same as "A" Submitted By: (All petitioners must sign. Add additional lines ifnecessary): NIDne o~er.l /tt~~ '1/6((J7 Name of Petitioner: Form OC-01 rev. 10.13.06 Page 9 of 10 Estate of JOHNF. KIMMEL , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she she is title Administratrix of the above-named name of corporation Estate of John F. Kimmel and] that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 (relating to unsworn falsification to authorities). ,~ A. tuct2<r-_'(;I/~/o7 Signature of Petitioner \ '" Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication! Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. cs ll(, Lo7 sel for Petitioner Form OC-01 rev. 10.13.06 Page 10 of 10 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Cotmty and State aforesaid; that ThePatriot-New~and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 29th day(s) of November and the 6th and 13th day(s) of December 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimouslypassed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY C\ /A1;jj) - ~ s;;':'~'~~~~';;;';~~~~;;;;;';:'~~~~';:~." L/ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commi ion Expk June 6, 201 0 Member, Pe sVlv ni ociation 01 Notaries ... EXECUTOR'SNOTICE Estate of J..... F. Kimmel ;" .".. a/kla J..... Kimmel ..'" Letters "of Administration on the Es- tate of John F. Kimmel a/kla John Klm- mel.>lateof Camp Hili," Cumberland CcluntY. Pennsylvania. have been grant- ed to the undersigned. All persons know- Ing themselves to be Indebted to said Es- . tate are requested to make Immediate payment. and those having claims will present them. without delay. for settle- mentto: Louis A. McK_ "cloJames D. __r, Esquire One West Main street Shlremanstowll. PA 17011 JAMES D. BOGAR ATTORNEY-AT-LAW ONE WEST MAIN STREET SHIREMANSTOWN, PA. 17011 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: December 1, December 8 and December 15, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - SWO 0 AND SUBSC ED before me this 15 day of December. 2006 Kimmel, John F. ajkja John Kimmel, dec'd. Administratrix: Lois A. McKeon c/o James D. Bogar, Esquire, One West Main Street. Shire- manstown, PA 17011. Attomey: James D. Bogar. Es- quire, One West Main Street. Shiremanstown. PA 17011. NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009. 2- .:;-, OlJD 0 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-1018 Estate of John F. Kimmel, Deceased Late of Camp Hill, PA 17011 First and Final Account and Statement of Proposed Distributions Lois A. McKeon, Administratrix ~~o , -TJ '::-tn .~ r-- ~ "\ ::-, 1"--,' c-::"\ c:> -~ ~ C G') l"'J C) "_..' ......-.., ,. ~~ ~;:;; -0 ::::-1:) ~J--'-I f'V ,'-; (-) Date of Death: 07/31/2006 en Date of Executor's Appointment: 11/17/2006 . . The Patriot News: 11/29/06,12/6/06, 12/13/06 Date of First Complete Advertisement: Cumber land Law Journal 12/1/06, 12/8/06, 12/15/06 Accounting for the Period: 07/31/2006 to 08/16/2007 Purpose of Account: Lois A. McKeon, Administratrix, offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: James D. Bogar Bogar & Hipp Law Offices One West Main Street Shiremanstown, PA 17011 717-737-8761 Supreme Court 1.0. No. 19475 SUMMARY OF ACCOUNT Estate of John F. Kimmel, Deceased For the period of Julv 31. 2006 throuah Auaust 16.2007 Fiduciary Current Acquisition Proposed Distributions Paae Value Value to Beneficiaries 4 0.00 PRINCIPAL Receipts: This Account 1 25,104.89 Net Gain (or Loss) on Sales or Other Dispositions 0.00 25,104.89 Less Disbursements: Debts of Decedent 2 128.35 Funeral Expenses 2 10,890.60 Administration Expenses 2-3 5,758.66 Federal, State & Local Taxes 3 2,327.28 Commissions 3 200.00 Fees 3 5,800.00 Family Exemption 0.00 25,104.89 Balance Before Distributions 0.00 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand 0.00 For Information: Investments Made Changes in Holdings INCOME Receipts This Account 0.00 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 0.00 Less Disbursements 0.00 Balance Before Distributions 0.00 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 0.00 Verification 5 SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value 07/31/2006 Cash Adjustment for expenses paid by Pauline Bartley 8.729.32 from personal funds - listed here to balance account. It is to be noted that additional expenses have also been paid by Mrs. Bartley. Pennsylvania Bar Institute- Accumulated sick 3.988.38 and vacation pay (gross amount due $4,318.77, net check amount $3,988.38) Pennsylvania Bar Institute - Final Paycheck 653.86 PNC Bank - checking account number 7.398.74 5140168166 Tredegar Corporation - Payment in lieu of 6.84 uncashed checks Holy Spirit Provider Services - Refund for 40.00 overpayment West Shore Tax Bureau - income tax refund 97.45 2006 Federal Income Tax Refund 1.347.92 Total Cash 22.262.51 Personal Property 1992 Ford F-10 Pickup - VIN # 1.700.00 1FTEF14N6NKA63194 - Sold at private sale 1993 Ford Explorer - VIN # 1FMDU34X7PUAI4Z82 1.000.00 - Sold at private sale Total Personal Property 2.700.00 Stocks I Listed 9.0000 shares Tredegar Industries Inc - Common Stock 142.38 Total Stocks / Listed 142.38 Total Receipts of Principal 25.104.89 07/31/2006 07/31/2006 07/31/2006 07/31/2006 01/11/2007 03/21/2007 07/31/2007 07/31/2006 07/31/2006 07/31/2006 1 09/29/2006 07/31/2006 08/14/2006 08/30/2006 11/10/2006 11/17/2006 11/17/2006 12/05/2006 12/05/2006 12/15/2006 . 12/20/2006 12/20/2006 01/11/2007 03/02/2007 03/05/2007 TO BE PAID 03/13/2007 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent Union Plus Credit Card* Total Debts of Decedent Funeral Expenses Rolling Green Cemetery* Musselman Funeral Home* Gingrich Memorials* Total Funeral Expenses Administration Expenses PNC Bank - Payoff of auto loan number 4001008110754461 James D. Bogar - Preparation of Power of Attorney for John F. Kimmel prior to his death Register of Wills - Probate Fee Camp Hill Emergency Physicians Holy Spirit Hospital Cumberland Law Journal Patriot News Register of Wills - Short Certificates Register of Wills - Short Certificates A to Z Tax Service - Preparation of Final Personal Income Tax Returns CitiGroup Smith Barney - Fee for sale of stock RESERVES: - Cost to conclude administration of Estate including First and Final Account; preparation of Fiduciary Income Tax Returns Nephrology Associates 128.35 2.790.00 6.420.60 1.680.00 3.752.82 150.00 105.00 40.00 50.00 75.00 124.17 8.00 16.00 63.00 8.67 950.00 256.00 128.35 10.890.60 * Denotes expenses voluntarily paid by Pauline Bartley, mother of John F. Kimmel, from her personal funds. 2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 03/13/2007 Register of Wills - Filing fee for PA Inheritance Tax Return and Inventory Register of Wills - filing fee for Court Accounting Total Miscellaneous Administrative Expenses 07/18/2007 03/13/2007 Federal. State & Local Taxes Register of Wills, Agent - payment on account of PA Inheritance Taxes Total Taxes TO BE PAID Commissions Lois A. McKeon - Administratrix Fee Total Commissions 03/13/2007 Fees Bogar and Hipp Law Offices - One-half of attorney fees for representation of Estate per Agreement Bogar and Hipp Law Offices - One-half of legal fees for representation of Estate per agreement Total Fees TO BE PAID TOTAL DISBURSEMENTS OF PRINCIPAL 3 30.00 130.00 2.327.28 200.00 2.900.00 2.900.00 5.758.66 2.327.28 200.00 5.800.00 25.104.89 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 08/16/2007 Acquisition or as noted Value TO: Misty E. King Shawn F. Arnold 0.00 0.00 0.00 Total 0.00 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-06-1018 Estate of John F. Kimmel, Deceased Verification Lois A. McKeon, Administratrix of the Estate of John F. Kimmel, 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 her knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters of Administration and the first complete advertisement thereof occurred more than four months before the foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. . d:;.. l ~~tL Lois A. M Keo '1 Dated: 1//(0 in 7 . 5