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HomeMy WebLinkAbout03-0609PETITION FOR PROBATE and GRANT OF LETTERS Estate of ~.b-~"~/'~___~ ~3-. )/--/~'.~/%0C~/+ No. also known as To: · Deceased. Social Security No. I _~ Ct ~ © ¢] --C_~ C>~:, '~ The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut c3 ~ in the last wilt of the above decedent, dated ~ ~.~ i c~x ~, ~ cq_ and codicil(s) dated rY'I~ i '~.~ i Iqq_,~ CT- Register of Wills for the, County of Commonwealth of Pennsylvania in the named ,19-7/ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in ~A.x~v~ ~v~v-I C~ County, Pennsylvania, with h '~ 5 last f~mily or principal r~,sidence at VYxo, (list street, number and muncipality) Decendent, then ~-~-] years of age, died ~J-(.-~ Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ WHEREFORE, petitioner(s) respectfully request(s) the proba, te of the last will and codicil(s) presented herewith and the grant of letters -[--o~ c,'4-C~ r'v,,.o.~qro, ~ .. theron. (testamentary; administrationOc.t.a.; administration d.b.n.c.t.a.) OATH OF PERSONAL REPRESENTATIVE CO ONWWA XH Or eW NSYI VAN q COUNTY OF C'~.;¥-~L,t_~[~nd ~ s~ The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will wel~tru~ministe9 the estate according to law. Sworn to or a~{~d and subscribed r~~~~ ~ before ~ this //'~ day of [ ~ ~ '~ ~' Estate Of NO. .., Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ,:~t~ [~ O~ )~'_.~]-~, in consideration of the petition on the reverse side hereof, satisfactory proof having~ been p.r, esented before me, IT IS DECREED that the instrument(s) dated~'J~ described therein be admitted to probate ~d filed of record as the last will of ~d Letters are hereby granted to FEES Probate, Letters, Etc .......... ~hort Certificates( )...' ....... RenunmaUon ................ TOTAL File ...~ c : , .... A1WORNEY (Sup. Ct. I.D. No.) ADDRESS PHONE t g: g d t t w RENUNCIATION In Re Estate of (] () deceased. To the Register of Wills of C_ r--~ ~,..[,~. d'l C~ ,~ County, Pennsylvania. The undersigned O~O¥'tx'lS ~'(-.%x-'C~lc~Ctc~L*x , ~' X ~ ~O~ ' ' ' '~ i - - of the above dec~d~nt, hercb? renounce(s) the rigM to administer the estate and r~sp~tfull? ~k(s) that Letters WITNESS hand this (Signature) (Address) (Signature) (Address) (Signature) (Address) 105.805 REV 9/86 T!ds is to certify, that the information here given is correctly copied from an original certificate of death duly filed with me as lx~cal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent "filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 P 933 095 No. / Local 'l~e~i~'t r'a~' ' Date COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH ,,. joy ~ VA · . , ~ ~(~ ~ ~ ~a~: ; ..... ' ,,, 'C~.T~ ~,~,*. FIRST CODICIL TO THE WILL of James J. Kavanaugh I, James J. Kavanaugh residing at 20akdale Drive, Apt. 601, Township of Middletown, County of Monmouth, and State of New Jersey, being of sound mind, memory, and understanding, do hereby make, publish, and declare the following as and for the first Codicil to my Last Will and Testament dated, July 2, 1971. 1.a. I hereby revoke the nomination, constitution and appointment of HARRY S. EVANS as Executor, in Article FIFTH of my Last Will and Testament. 1.b. I hereby nominate, constitute and appoint, my daughter, PATRICIA M. WALL, as Executor, in Article FIFTH of my Last Will and Testament, to serve as Executor in substitution for HARRY S. EVANS. 1 ,c. Article FIFTH shall not be otherwise changed. 2.a. I hereby revoke the nomination, constitution and appointment of HARRY S. EVANS as Trustee, in Article SEVENTH of my Last Will and Testament. 2.b. I hereby nominate, constitute and appoint, my daughter, PATRICIA M. WALL, as Trustee, in Article SEVENTH of my Last Will and Testament, to serve as Trustee in substitution for HARRY S. EVANS. 2.c. Article SEVENTH shall not be otherwise changed. 3. In all other respects I hereby ratify, affirm and republish all the provisions of my Last Will and Testament dated, July 2, 1971, and declare that, as amended by this Codicil, it shall constitute my Last Will and Testament, and that all other Codicils and Wills are hereby revoked. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of May, 1998. r~ames J:J~anaughl.~ (L.S.) I, James J. Kavanaugh, the Testator, sign my name to this instrument this 12th day of May, 1998, and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as the first Codicil to my Last Will and Testament, dated July 2, 1971, and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. . ,:~n~es J.,~,~v~t~augh, T~d~'~ / We, Gladys C. Wood and Valerie A. DiMatteo, the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testator signs and executes this instrument as the first Codicil to his Last Will and Testament dated July 2, 1971 and that he signs it willingly, and that each of us, in the presence and hearing of the Testator, hereby signs this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is 18 years of age or older, of sound mind, and not acting under any constraint or undue influence. Gladys C/Wood, Witness Valerie A. DiMatteo, Witness THE STATE OF NEW JERSEY COUNTY OF MONMOUTH SS. Subscribed, sworn to and acknowledged before me by James J. Kavanaugh, the Testator, and subscribed and sworn to before me by Gladys C. Wood and Yalerie A. DiMatteo, the witnesses, on this 12th day of MaY,~ Vincent J. DiMatteo An Attorney at Law of the State of New Jersey The foregoing Codicil, consisting of three pages, including this page and the attached affidavit, was signed by the Testator and declared by him to be the first Codicil to his Will, dated July 2, 1971, in the presence of each of us, present at the same time. At his request and in his presence and hearing, and in the presence of each other, we subscribe our names as witnesses. This clause having been read to us, we state that to the best of our knowledge, the Testator is of sound mind and under no constraint or undue influence and is 18 years of age or older. We certify the matters set forth in this attestation clause took place in fact, and in the order herein described, on the day and year stated above. Gladys C./Wood, Witness residing at 3A Columbia Way Middletown, New Jersey 07748 Valerie A. DiMatteo, Witness residing at 3 Columbia Way Middletown, New Jersey 07748 LAST WILL AND TESTAMENT I, JAMES J. KAVANAUGH, of the Township of Middletown, in the County of Monmouth and State of New Jersey, make and publish my Last Will and Testament as follows: FIRST: I direct that all my just debts and funeral expenses be paid as soon as convenient after my decease. SECOND: I direct that all inheritance, legacy, successior or similar duties or taxes which shall become payable in respect to my property or interest therein passing under my Will or any Codicil which I may hereafter execute, shall be paid out of the capital of my residuary estate. THIRD: Ail the rest, residue and remainder of my propert real, personal and mixed, of whatsoever it may consist and wheresoever situate, I give, devise and bequeath to my wife, PATRICIA E. KAVANAUGH, her heirs and assigns forever. FOURTH: Should my said wife, PATRICIA E. KAVANAUGH pre- decease me or not be living 30 days after my death, then, in that event, I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever it may consist and wheresoever situate to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to have and to hold the same to and for the uses and purposes hereinafter set forth: 1. To divide the same into as many parts as there are my children surviving me including any born to me or adopted by me hereafter, and to invest and reinvest the same in such manner as she, in her judgment, shall think desirable and expedient, and to apply the income therefrom for the care, support, main- tenance, medical care and education, including higher and post- graduate, of my children including any child born to me or adopted by me hereafter. At such time as each child arrive at the age of twenty-one (21) years, I direct my said Trustee to convey, pay over, assign and transfer the balance of the share of that child, together with any accumulated income thereof to said child absolutely. Should the income from my property and estate be insufficient to care, support, maintain, furnish medical care, and educate, including higher and post-graduate, any of my said children in a manner becoming to them according to the opinion of the Trustee, then, I do further authorize and empower the said Trustee to apply to the use of said child so much of the principal of the share of said child together with the income thereof as the Trustee may deem necessary or proper. FIFTH: I nominate, constitute and appoint my wife, PATRICIA E. KAVANAUGH, sole Executrix of this my Last Will and Testament, to serve without being required to give bond to any court or in any forum, or should my said wife, PATRICIA E. KAVANAUGH, predecease me or fail to qualify or having qualified become incapable of acting as such Executrix, then, in that event, I hereby nominate, constitute and appoint my son, DENNIS J. KAVANAUGH, Executor, to serve without bond and in the event that the said DENNIS J. KAVANAUGH shall fail to qualify as said Executor or having qualified become incapable of acting as said Executor, then I nominate and appoint HARRY S. EVANS, as said Executor, to serve without bond, giving and granting to the Executor and Trustee whoever they may be full power and authorit to mortgage, lease, sell and convey any and all of my estate, real, personal and mixed, at such times, upon such terms, at private or public sale, as they may deem best. I also give said Executor and Trustee full power, authority and discretion to receive, hold, continue to hold, sell and distribute in their absolute discretion any investments I may own at the time of my death and to invest, reinvest, alter, vary and change investment from time to time at their absolute discretion without being restricted to what are known as legal investments. SIXTH: I do hereby nominate, constitute and appoint my wife, PATRICIA E. KAVANAUGH, guardian of my infant children, during the minority of said children, to serve as such guardian without being required to give bond to any court or in any forum, or furnish any other security for the faithful performanc of her duties, or should my said wife, PATRICIA E. KAVANAUGH, predecease me or fail to qualify or having qualified become incapable of acting as such guardian, then, in that event, I hereby nominate, constitute and appoint my son, DENNIS J. KAVANAUGH as guardian of said infant children during the minorit of said children, without bond. SEVENTH: I nominate, constitute and appoint my son, DENNIS J. KAVANAUGH as Trustee of the Trust herein created, to serve without bond. In the event my son, DENNIS J. KAVANAUGH shall fail to qualify as said Trustee or having qualified become incapable of acting as said Trustee then t nominate, constitute and appoint HARRY S. EVANS as said Trustee, to serve without bond. IN WITNESS WHEREOF, I have hereunto set my hand and ..~_.~ day o Nineteen affixed my seal this '. ~ , Hundred and Seventy-one. SIGNED, SEALED, PUBLISHED and DECLARED by the above JAMES J. KAVANAUGH, as and for his Last Will and Testament, in the presence of us, all being present at the same time, who, at his request, in his presence, and in the presence of each other, all three being present at the same time, have subscribed our names hereto as witnesses. ~o~r COMMONWEALTH OF PENNSYLVANIA D. EP,~RTMEff~'T OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: WALL PATRICIA M 508 SPRINGHOUSE ROAD CAMP HILL, PA 17011 PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. REV-1162 EX(11-96) CD 003647 ........ fold ESTATE INFORMATION: SSN: 154-09-4062 FILE NUMBER: 21 03-0609 DECEDENT NAME: KAVANAUGH JAMES J DATE OF PAYMENT: 03/05/2004 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 06/22/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $2,481.19 'R~EMARKS: PATRICIA WALL CHECK//102 SEAL TOTAL AMOUNT PAID: $2,481.19 INITIALS: AC RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS REV~-1500 EX (6-~0) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER 2 3. COUNTY CODE OFFICIAL USE ONLY -- 0 3 0 6 0 9 ~ oo Z YEAR NUMBER DECEDEN'PS NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER James J Kavanaucj'h 154-09-4062 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIALSECURITYNUMBER DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 06/22/2003 06/15/1919 (IF APPLICABLE)SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INIIIAL) ~ 3. Remainder Return (date of death pdor to 12-13-82) ~5. Federal Estate Tax Return Required 0 8. Total Number of Safe Deposit Boxes Jate of death between 12-31-91 a~xl 1-1-95) ~ 1 1. Election to tax under Sec. 9113(A) (Attach Sch O) COMPLETE MAtLING ADDRESS 157 S Hanover St Carlisle, PA 17013 ~ 1. Odginal Return I I 2. Supplemental Return I I 4. Limited Estate I J 4a. Future Interest Compromise (date of death after 12-12-82) IXl 6, Decedent Died Testate (Attach copy of Will) I I 7. Decedent Maintained a Living Trust (Attach copy of Trust) I I 9. Litigation Proceeds Received I I 10. Spousal Poverty Credit NAME Susan E Stott FIRM NAME (WApplicab~e) Stott & Stott TELEPHONE NUMBER (717) 243-8077 OFFICIAL USE ONLY 74,652.06 19,514.43 55,137.63 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) CC, 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) 17 r 023.03 6. Jointly Owned Property (Schedule F) (6) 6,8 5 0.2 ----1 Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) 5 0,7 7 8.7 (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) (8) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 12 r ? 02.90 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 6 r 811.53 1 1. Total Deductions (total Lines 9 & 10) (11) 12. Net Value of Estate (Line 8 minus Line 11) (12) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) (13) (14) 55,137.63 14. Net Value Subject toTax (Line 12 minus Line 13) 0 2,481.19 0 0 2,481.19 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 1 5. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) x .0 __ (15) 16. Amount of Line14 taxable at lineal rate 55,137.63 x.0 45 (16) 17. Amount of Line 14 taxable at sibling rate x. 12 (17) 18. Amount of Line 14 taxable at collateral rate. x .15 (18) 19. Tax Due (19) 2W4645 1.000 EV-1511 EX + (.12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER James J Kavanaugh 21-03-0609 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT 5. 6. 7. FUNERAL EXPENSES: Neill Funeral Home Miscellaneous Funeral Expenses Peaceable Kingdom Headstone ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Patr±cia M Wall Social Security Number(s) / EIN Number of Personal Representative(s) 143-48-5552 Street Address 508 Spring House Rd City Camp Hill StatePA Zipl7013 Year(s) Commission Paid: 2004 Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State__ Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees Advertising - The Patriot News TOTAL (Also enter on line 9, Recapitulation) $ 9,395.90 785.00 110.00 1,400.00 350.00 42.00 450.00 170.00 12,702.90 2W46AG3.000 (Ifmorespaceisneeded, insedadditionalsheets~thesamesize) REV-1512 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER J'a.mes J Kavanauqh Include unrelmbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Medical Expenses: W/S Family Practice Otolaryngologists of PA Mobile X-ray Internists of PA Neighborcare (RX) Quantum Imagery Harvey Shapiro, MD OIP Silver Spring Ambulance HRC Manorcare Neighborcare (RX) OSL Otolaryngologists of PA Susquehanna Surgeons Mobile X-ray Receivable Collections Credit Plus Collections Susquehanna Surgeons Central Medical Equipment TOTAL'(Also enter on line 10, Recapitulation) $ 54 80 18 38 27 10 208 99 324 95 8 33 28 05 23 07 70 00 4,995 49 326 91 17 93 18 38 15 29 27 10 78 95 452 26 15.29 100.26 6,811.53 2W46AH 3.000 (If more space is needed, insert additional sheets of the same size) RE~/-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF . FILE NUMBER James J Kavanauqh 21-03-0609 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I 1 2 TAXABLE DISTRIBUTIONS[includeoutrightspousaldistributions, andtrans~rs underSec. 9116(a)(1.2)] Patricia M Wall 508 Spring House Rd Camp Hill, PA 17011 Dennis J Kavanaugh 8 Bay St Rumson, NJ 07760 Daughter Son 50% Rest, Residue and Remainder 50% Rest, Residue and Remainder ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0 2W46AI 2.000 (If more space is needed, insert additional sheets of the same size) Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters "No. 2003-00609 PA No. 21-03-'0609 ESTATE OF KAVANAUGH JAMES J (~as'i', ~'i~S'i', ~i~O~) WHEREAS, on the llth dated July 2nd 1971 to probate as the last will and codicil of Late of HAMPDEN TOWNSHIP CUMSE~LANU COUN'i'~, Deceased Social Security No. 154-09-4062 day of July & May 12th 1998 2003 instruments were admitted KAVANAUGH JAMES J (LAST, ~'±~S'±', M±DDL~) late of HAMPDEN TOWNSHIP , CUMBERLAND County, who died on the 22nd day of June 2003 and, WHEREAS, a true copy of the will & codicil as probated is annexed hereto. THEREFORE, I, DONNA M. OTTO , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have ~his day granted Letters TESTAMENTARY to WALL PATRICIA M who has duly qualified as Executor(rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the llth day of July 2003. ..... /~eglsce'r or w-liis: ? **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) LAST WILL AND TESTAMENT I, JAMES J. KAVANAUGH, of the Township of Middletown, in the County of Monmouth and State of New Jersey, make and publish my Last Will and Testament as follows: FIRST: I direct that all my jdst debts and funeral expenses be paid as soon as convenient after my decease. SECOND: I direct that all inheritance, legacy, successior or similar duties or taxes which shall become payable in respect to my property or interest therein passing under my Will or any Codicil which I may hereafter exeuute, shall be paid out of the capital of my residuary estate. THIRD: All the rest, residue and remainder of my propert real, personal and mixed, of whatsoever it may consist and wheresoever situate, I give, devise and bequeath to my wife, PATRICIA E. KAVANAUGH, her heirs and assigns forever. FOURTH: Should my said wife, PATRICIA E. KAVANAUGH pre- decease me or not be living 30 days after my death, then, in that event, I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever it may consist and wheresoever situate to my TrUstee hereinafter named, IN TRUST NEVERTHELESS, to have and to hold the same to and for the uses and purposes hereinafter set forth: 1. To divide the same into as many parts as there are my children surviving meVincluding any born'to me or adopted by me hereafter, and to invest and ~einvest the same in such manner as she, in her judgment, ~hall think desirable and expedient, and to apply the income therefro~ for the care, support, main- tenance, medical care and education, including higher and post- graduate, of my children including any child born to me or adopted by me hereafter. At such time as each child arrive at the age of twenty-one (21) years, I direct my said Trustee to convey, pay over, assign and transfer the balance of the share of that child, together with any accumulated income thereof to said child absolutely. Should the income from my property and estate be insufficient to care, support, maintain, furnish medical care, and educate, including higher and post-graduate, any of my said children in a manner becoming to them according to the opinion of the Trustee, then, I do further authorize and empower the said Trustee to apply to the use of said child so much of the principal of the share of said child together with the income thereof as the Trustee may deem necessary or proper. FIFTH: I nominate, constitute and 'appoint my wife, PATRICIA E. KAVANAUGH, sole Executrix of this my Last Will and Testament, to serve without being required to give bond to any court or in any forum~ or should my said wife, PATRICIA E. YQ%VANAUGH~ predecease me or fail to qualify or having qualified beco~ incapable of acting as such Executrix, then, in that event, I hereby nominate, constitute and appoint my son, DENNIS J. KAVANAUGH, Executor, to serve without bond and in the event that the said D~NNIS J. KAVANAUGH shall fail to qualify as said Executor or having qualified become incapable of acting as said Executor, then I nominate and &ppoint HARRY S. EVANS, as said Executor, to serve without bond, giving and granting to the Executor and Trustee whoever they may be full power and aqthorit' to mortgage, lease, sell and convey any and all of my estate, real, personal and mixed, at such times, upon such terms, at private or public sale, as they may deem best. I also give said Executor and Trustee full power, authority and discretion to receive, hold, continue to hold, sell and distribute in their absolute discretion any investments I may~own at the time of my death and to invest, reinvest, alter, vary and change investment: from time to time at their absolute discretion without being restricted to what are known as legal investments. SIXTH~ I do hereby nominate, constitute and appoint my wife, PATRICIA E. Y~VANAUGH, guardian of my infant Children, during the minority of said children, to serve as such guardian without being required to give bond to any court or in any forum, or furnish any other security for the faithful performanc of her duties, or should my said wife, PATRICIA E. KAVANAUGH, predecease me or fail to qualify or having qualified become incapable of acting as such guardian, then, in that event, hereby nominate, constitute and appoint my son, DENNIS J. KAVANAUGH as guardian of said infant children during the minorit of said children, without bond. SEVENTH: I nominate, constitute and appoint my son, DEi~IS J. KAVANAUGH as Trustee of'the Trust herein created, to serve without bond. In t~e event my son, DENNIS J. KAVANAUGH shall fail to qualify as said Trustee or having qualified become incapable of acting as said Trustee then I nominate, constitute and appoint HARRY'S. EVANS as said Trustee, to serve without bond. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ~.~. day. o~~.//~ , Nineteen Hundred and Seventy-one. SIGNED, SEALED, PUBLISHED and DEOLARED by the above JAMES J. KAVANAUGH, as and for his Last Will and Testament, in the presence of us, all being present at the same time, who, at his request, in his presence, and in the presence of each other, all three being present at the same time, have subscr~ed our names hereto as witnesses. FIRST CODICIL TO THE WILL of '' James J. Kavanaugh I, James J. Kavanaugh residing at 20akdale Drive, Apt. 601, Township of Middletown, County of Monmouth, and State of New Jersey, being of sound mind, memory, and understanding, do hereby make, publish, and declare the following as and for the first Codicil to my Last Will and Testament dated, July 2, 1971. 1.a. I hereby revoke the nomination, constitution'and appointment of HARRY S. EVANS as Executor, in Article FIFTH of my Last Will and Testament. ~ 1.b. I hereby nominate, constitute and appoint, my daughter, PATRICIA M. WALL, as Executor, in Article FIFTH of my Last Will and Testament, to serve as Executor in substitution for HARRY S. EVANS. 1.c. Article FIFTH shall not be otherwise changed. 2.a. I hereby revoke the nomination, constitution and appointment of HARRY S. EVANS as Trustee, in Article SEVENTH of my Last Will and Testament. 2.b. I hereby nominate, constitute and appoint, my daughter, PATRICIA M. WALL, as Trustee, in Article SEVENTH of my Last Will and Testament, to serve as Trustee in substitution for HARRY S. EVANS. 2.c. Article SEVENTH shall not be otherwise changed. 3. In all other respects I hereby ratify, affirm and republish all the provisions of my Last Will and Testament dated, July 2~ 1971, and declare that, as amended by this Codicil, it shall constitute my Last Will and Testament, and that all other Codicils and 'Wills are hereby revoked. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of May, 1998. ? ~'James J~anaugh I, James J. Kavanaugh, the Testator, sign my name to this instrument this 12th day of May, 1998, and being duly sworn, do hereby de. clare to the undersigned authority that I sign and execute this instrument as the first Codicil to my Last Will and Testament, dated July 2, 1971, and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. We, Gladys C. Wood and Valerie A. DiMatteo, the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testator signs and executes this instrument as the first Codicil to his Last Will and Testament dated July 2, 1971 and that he signs it willingly, and that each of us, in the presence and hearing of the Testator, hereby signs this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is 18 years of age or older, of sound mind, and not acting under any constraint or undue influence. Gladys C~. Wood, Witness Valerie A. DiMatteo, Witness THE STATE OF NEW JERSEY · COUNTY OF MONMOUTH SS. Subscribed, sworn to and acknowledged before me by James J. Kavanaugh, the Testator, and subscribed and sworn to before me by Gladys C. Wood and Valerie A. DiMatteo, the witnesses, on this 12th day of M, ay,~ Vincent J. DiMatteo An Attorney at Law of the State of New Jersey The foregoing Codicil, consisting of three page~, including this page and the attached affidavit, was signed by the Testator and declared by him to be the first Codicil to his Will, dated July 2, 1971, in the presence of each of us, present at the same time. At his request and in his presence and hearing, and in the presence of each other, we subscribe our names as witnesses. This clause having been read to us, we state that to the best of our knowledge, the Testator is of sound mind and under no constraint or undue influence and is 18 years of age or older, we certify the matters set forth in this attestation clause took place in fabt, and in the order herein described, on the day and year stated above. Gladys Ce/Wood, Witness residing at 3A Columbia Way Middletown, New Jersey 07748 Valerie A. DiMatteo, Witness residing at 3 Columbia Way Middletown, New Jersey 07748 36 SOUTH PITT STREET CARLISLE, PA 17013 (717) 245-8508 Jane Adams ATTORNEY AT LAW ~7 WWW. ADAM S LAW. I ESQADAM$~AOL. C FAX: (717) 245-( IN RE: ESTATE ()F ,lAMES J. KAVANAUGlt · RFX}ISTER OF WILI,S OF · CtJMBERIJANI) COUNTY. PENNSYI,VANIA -,-) ~ · N(). ot .()0_~. CERTIFICATION OF NOTICE UNI)ER RULE 5.6(a) Name of Decedent: James J. Kavanaugh Date of Death: June 22. Will No. o1'2003 TO TIlE REGISTER: I certit? that notice of beneficial interest required by Rule 5.6(a) ol'the Orphans' Court Rules was served on or mailed to the following beneficiaries ol'the abovc-captiorted estate on: Name Patricia M. Wall l)ennis J. Kavanaugh Address 508 Springhouse Road Camp Hill, Pa. 17011 8 l?,a} SL Rumson, NJ 07760 Notice has now been gixcn to all persons entitled thereto ullder,,,Rulc 5.6(a). Date: "?..) ] ( .., Ja6;,/Adams, l.D,~o. 79465 ,~6 S( utln Piu Carlisle, Pa. 17013 (717) 245-8508 Counsel lbr Personal Representative. BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 180601 HARRISBURG, PA 17128-0601 COMMONNEALTH OF PENNSYLVANZA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLO#ANCE OR DISALLOgANCE OF DEDUCTIONS AND ASSESSMENT OF TAX '04 APR 26 SUSAN E STOTT STOTT & STOTT t~-.:.~ 157 S HANOVER ST CARLZSLE PA BATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN Oq-Z6-gOOq KAVANAUGH 06-22-2003 21 03-0609 CUMBERLAND 101 REV-1547 EX AFP (el-OS) JAMES J Amoun'l: RemJ.~:'l:ed [ MAKE CMECK PAYABLE ANB REMIT PAYMENT TO: REGISTER OF NILLS CUMBERLAND CO COURT HOUSE CARL/SLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORBS ~ REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLONANCE OR DZSALLO#ANCE OF BEBUCTZONS AND ASSESSMENT OF TAX ESTATE OF KAVANAUGH JAMES J FILE NO. 21 03-0609 ACN 101 BATE Oq-26-200q TAX RETURN gAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: 0RZGZNAL RETURN 1. Real Es~a~e (Schedule A) (1) 2. S{ocks and Bends (Schedule B) (2) 5. Closely Held S~ock/Par~nership Zn~eres~ (Schedule C) ($) q. Mor~gages/No~es Receivable (Schedule D] (q} 5. Cash/Bank Deposits/Misc. Personal Proper~y (Schedule E) ($) 6. Jointly Owned Proper~y (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. To~el Asse~s APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ada. Cos~s/Hisc. Expenses (Schedule H) (9) 10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 11. To,al Deductions 12. Ne~ Value of Tax Re~urn 171023.03 61850.29 50~778.7q (8) 1Z,70Z.90 .00 NOTE: To insure proper .00 credi~ ~o your account, .00 subai~ ~he upper portion .00 of ~his fora wi~h your ~ax payment. 15. NOTE: 7q,652.06 61811.53 (lZ) 55,137.63 Cheri~able/governaen~al Bequests; Non-elected 9115 Trusts (Schedule J) (13) Ha'l: Value of Es~:a~:e Sub.~ec~: ~o Tax (lq) Tf an assessment was issued previously, lines 14, 15 and/or 16, 17, reflect flgures that /nclude the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Aaoun~ of Line lq a~ Spousal ra~e 16. Aeoun~ of Line lq ~axable a~ Lineal/Class A re~e 17. Amoun~ of Line lq a~ Sibling ra~e 18. Aaoun~ of Line lq ~axable a~ Collateral/Class B ra~e 19. Principal Tax Due TAX CREBZTS: PAYMENT RECEIPT DISCOUNT DATE NUMBER 1NTEREST/PEN PAID (-) 03-05-200q COOO36q7 .00 .00 55,137.63 IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. 18 and 19 ~ill (15) .00 x O0 = .00 (16) 55,137.65 x Oq5= 2,q81.19 (17) .00 x 12 = .00 (18) .00 x 15 = .00 (19)= 2,q81.19 AMOUNT PAID Z,q81.19 TOTAL TAX CREBZT Z,q81.19 BALANCE OF TAX BUEI .00 INTEREST ANB PEN. .00 TOTAL DUE .00 ( ZF TOTAL DUE IS LESS THAN $1, NO PAYMENT ZS REQUIRED. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) RESERVATION: PURPOSE OF NOTICE: PAYNERT: REFUND (CR): OBJECTIONS: ADHIN- ZSTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: Estates of decedents dying on ar before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the Iawfut Class B (collateral) rate on any such future interest. To fulfill the requirements of Section 21~0 of the Inheritance and Estate Tax Act, Act 25 of 2000. (72 P.S. Section 91qO). Detach the top portion of this Notice and submit aith your payment to the ReRister of Nills printed on the reverse side. --Hake check or money order payable to: REGISTER OF HILLS, AGENT A refund of a tax credit, ~hich Nas not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1315). Applications are available at the Office of the Register of Hills, any of the 25 Revenue District Offices, or by calling the special Iq-hour ensnaring service for farms ordering: 1-800-562-2050; services for taxpayers with special hearing and / or speaking needs: 1-800-4~7-5020 (TT only). Any party in interest not satisfied aith the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in ariting to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page S of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-IS01) for an explanation of administratively correctable errors. If any tax due is paid within three (5) calendar months after the decedant's death, a five percent (52) discount of the tax paid is allowed. The 152 tax amnesty non-participation penalty is computed on the totaI of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in tho the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning aith first day of delinquency, or nine (9) months and one (1) day free the date of death, to the date of payment. Taxes Nhich became delinquent before January l, 1982 bear interest et the rate of six (62) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from caIendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2004 are: Interest Daily Interest Daily Interest Year Rate Factor Year Rata Factor Year Rate ~ 202 .0005~8 ~'8-1991 117. .000501 ~ 97. 1985 162 · 000458 1992 92 . 0002~7 ZOOZ 62 1984 11Z .000501 1993-199~ 72 .O0019Z 2003 5X 1985 132 .000356 1995-1996 92 .OOOZ~7 2004 4X 1986 102 .00027~ 1999 72 .000192 1987 107, .000274 ZOO0 72 .000192 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELIN{~UENT X DAILY INTEREST FACTOR Daily Factor .O00Z~? .000164 .000157 .000110 --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (1S) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. cumberland County - Register Of wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/18/2005 ADAMS JANE ELIZABETH 36 S PITT STREET CARLISLE, PA 17013-3235 RE: Estate of KAVANAUGH JAMES J File Number: 2003-00609 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/22/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~ftZd/j \~~V~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge vA Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: J AVYV<; J. K f\-\J A t,H:l, 11 3L Date of Death: :TllY)~~;2~ I ~ 003 Estate No.: ;:2003 - 00 Co oq Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: Date: ~""l'.) , 1. State whether administration of the estate is complete: Yes g No 0 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes re No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. t, - {-OS-- M fltnLJc?h Signature \..0 0') ~Q tn'C l 0. M. Wall Name .' "- ""'- 506 S~\cn9 ~')O()s-c. Kd Address Cl2.NY\p wlt PA l70 (/ ~t~ 7(P1- Eii(O,/ Te ep one No. Capacity: f2rPersonal Representative '0 Counsel for personal representative ul i) Register of Wills of Cumberland County STATIJS REPORT UNDER RULE 6.12 Name ofDecedent: :r A VIES .3. KA \I A. N 1\ V&-++- Date ofDeath: ~\ "6,00"3 Estate No.: l.., 09 o+- ~003 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes .lID No 0 2~ If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No ~ b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest7Yes ~ No 0 c. Copies of receipts, releases, joinders and approval offormal or informal accounts may be filed with the Clerkofthe Orphans' Court and may be I \.... \ ~ ,- attached to this report. Date:~ ~u (lJaw-e- 1 ture C) :, ~C\ V\ e A. J.tU,^ <; Name r...... ....,j -, \.11'-\ 'S. P,-t\- St. ~ fA- lID 13 Address 00J d-Ll~- 8':;68' Telephone No. .:....J Capacity: 0 Personal Representative ~ Counsel for personal representative ~i; IN RE: ESTATE OF JAMES J. KAVANAUGH : REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 609 of 2003 RELEASE I, the undersigned, being an heir of the Estate of James J. Kavanaugh, Deceased, do hereby acknowledge that I have received of and from the Estate of James J. Kavanaugh, the AffrDX;~ sum of$ dSCO , in cash, in full satisfaction and payment of the amount inherited from the Estate of James J. Kavanaugh, Deceased, with the same effect as if it had been duly awarded to me by the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court Division, and, therefore, the undersigned does by these presents, remise, release, quitclaim and forever discharge Patty Wall, the said Executrix of the Estate of James J. Kavanaugh, his heirs and assigns, of and from all actions, suits, payments, accounts, reckonings, claims, and demands, whatsoever for or by reason thereof. IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned has caused this instrument to be duly executed, this \~ day of ~~~ ,A.D. 2005. WiTNESS: ~o~ o ..s ~~ Dennis Kavanaugh 8 Bay St. Rumson, N.J. 07760 (''') ;:'....J ==) \11