HomeMy WebLinkAbout09-30-11.~~~~ ti ~~
DECEDENT'S ESTATE
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COURT OF COMMON PLEAS OF ~- ~?
CUMBERLAND COUNTY, PENNSYLVANIA ,~ ~ `'
ORPHANS' COURT DIVISION -`~~-~ ~~_
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ESTATE OF GOLDIE A. KARNS ,DECEASED ~' ''
No. 21-10-0773
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
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.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Marlin R. McCaleb, Esq.
Supreme Court I.D. No.: 6353
Name of Law Firm: Law Offices -Marlin R. McCaleb
Address: 219 E. Main Street, P.O. Box 230, Mechanicsburg, PA 17055-0230
Telephone: (717) 691-7770
Fax: (717) 691-7772
Form OC-0/ rev. !0.13.06 Page 1 of 10
Estate of GOLDIE A. KARNS
Deceased
1. Name(s) and address(es) of Petitioner(s):
Name: Robert A. Karns
Address: 23 Regency Woods North
Carlisle, PA 17015
Ronald L. Karns
14 East Manor Avenue
Enola, PA 17025
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
None
Is this the first accounting by this fiduciary? ..................... ~ Yes ~ No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on July 15, 2010
Letters Testamentary or Letters of Administration were granted to Petitioner(s) on
Julv 30.2010
Date of Will (f applicable): February 27, 1986
Date(s) of Codicil(s) (if applicable): July 6, 2010
Date of probate (f d~erent from date Letters granted):
Was a bond required? Yes ~ No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ~ No
Dates of advertising of the grant of Letters: CLJ: August 13, 20, 27, 2010;
P-N: August 20, 27, 2010; September 3, 2010.
Form oc-ol rev. 10.13.06 Page 2 of 10
Estate of GOLDIE A. KARNS
Deceased
3. Was decedent survived by a spouse? ............................. Yes ~ No
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? .. N~A ....... 0 Yes ~ No
(See Section 2201 et sue. 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 (f none, so state):
N/A
6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes Q No
Were any children born to decedent after execution of
Will or Codicil(s)? ........................................... ~ Yes ~ 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? .............................. ~ Yes ~ No
Form OC-0! rev. 10./3.06 Page 3 of 10
Estate of GOLDIE A. KARNS
Deceased
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.
See attached Schedule 8.A
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):
Form OC-0! rev. !0./3.06 Page 4 of 10
Estate of GOLDIE A. KARNS
Deceased
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 Guardian/Trustee Ad Litem has or has not been filed for
this Audit (see Pa. O.C. Rule 12.4).
N/A
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-0/ rev. 10.13.06 Page 5 of 10
Estate of GOLDIE A. KARNS ,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 ojEach Claimant Amount of Claim Claim Will Claim
Admitted? Be Paid In
Full?
None Yes ~ Yes
No ~No
Yes Yes
~No ~ No
Yes ~ Yes
No ~ No
Yes ~ Yes
~No ~ No
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? ................................ Yes ~No
N/A
Was family exemption allowed? ................................ Yes ~No
Family exemption claimant's name and relationship:
Name:
Relationship:
Form OC-01 rev. /0./3.06 Page 6 of 10
Estate of GOLDIE A. KARNS
Deceased
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate
Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows:
Date Payment Interest
March 15, 2011
4,201.14 0
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? ................... ~ Yes ®/ 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:
None
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above? .................. ®Yes ~ No
15. If Petitioner(s) has/have 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-o/ rev. /0.13.06 Page 7 of 10
Estate of GOLDIE A. KARNS ,Deceased
16. Had the decedent been adjudicated an incapacitated person? .......... ~ 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.
N/A
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above? ............. ~ Yes ^ No
18. If a reserve is requested, state amount and purpose.
Amount: 500.00
Purpose: Filing Account, mailing Notices, other final expenses.
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? ........................................ Yes No
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? .......................... Yes ~ No
As to real estate only? ........................................ Yes ~ No
F°rm oc-o! rev. !0.13.06 Page 8 of 10
Estate of GOLDIE A. KARNS
Deceased
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled
and suggest(s) that the distributive shares of income and principal (residuary shares being stated
in proportions, not amounts) are as follows:
A. Income:
Proposed Distributee(s)
None
B. Principal:
Proposed Distributee(s)
See attached Schedule B.
Amount/Proportion
Amount/Proportion
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Na e of Petit ner: Robe A. Karns
~~
Name f Petitioner: Ronald L. Karns
Form oc-oi rev. Io.13.06 Page 9 of 10
Estate of GOLDIE A. KARNS
Verification of Petitioner
(Verification must be by at least one petitioner.)
Deceased
The undersigned hereby verifies 'K ~Xi~X X X X X Xil~rXdX X X X X X X X X X X X X X X X X
~~~~.~~~,~~x~6~XXXXXXXXXXXXXXXXXXXXX] 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 Petitione~,after diligent inquiry, believed them to be true; and that any false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn
falsification to authorities).
* Corporate petitioners must complete bracketed information. Ronald L. Karns
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.
Signature of Counsel for Petitioner
Marlin R. McCaleb, Esq.
Form OC-01 rev. 10.13.06 Page 10 of 10
WILL
I, Goldie A. Karns, of 3 South Road, Mechanicsburg, Cumberland
County, Pennsylvania, declare this to be my last Will and hereby
revoke all prior wills and codicils.
1. I direct that all my just debts, funeral expenses, grave-
marker and administ~act°cableeaftersmyldeathpaid from my residuary
estate as soon as p
transfer, succession
2. I direct that all inheritance, estate, a able by
and death taxes of any kind whatsoever which may be p y
reason of my death' shall be paid out of my residuary estate.
3. I direct my estate to be divided as follows:
A. My son R1burD~ Cumberland Countyn Pennsylvania forttheorest
Mechanics g,
of his life if he so desires.
B. I leave the rest of my estate of whatever nature and
wherever situate in equal shares to Ronald L. Karns,
Robert A. Karns, Rick D. Karns, David W. Karns,
John D. Karns and Joyce M. Stine.
LAW OFFICES OF
STEPHEN J. NOGG
P.O. BOX 1090
CARLISLE, PA 17013
4. Should any of the above persons predecease me, that de-
ceased person's share shall pass to his or her children equally.
5. I appoint Robert A. Karns and Ronald L. Karns to act as
Co-Executors. theeother beothe PoleeExecutor,or cease to act in
such capacity,
6. I appoint Robert A. Karns and Sally Karns, his w~foePr~r the
survivor of either as guardian of the person and of any p p- Y
passing under this Will or otherwise upon my death to my minor
child, John D. Karns. The guardians shall have the power to use so
much of principal as well as income as the guardians consider
advisable for the minor's health, education and support.
7. The Executors of this Will and the guardians appointed
above shall have the power to distribute my estate in cash or in
kind, or partly in either.
8. I direct that no Executor or guardian acting under this
Will shall be required to enter bond in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this~Z~t~day of
~~ 1986.
Goldie A. Karns
~~~ ~ ~~/~
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_--
The preceding instrument consisting of this and one other page
was on the day and date hereof signed, published and declared by
Goldie A. Karns as and for her last Will in the presence of us, who
at her requebed ourhnameseasnwetnesses heretoesence of each other
have subscri
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LAW OFFICES OF
STEPHEN J. NOGG
P.O. BOX 1090
CARLISLE, PA 17013
Commonwealth of Pennsylvania
ss
County of Cumberland
I, Goldie A. Karns, the testatrix whose name is signed to the
attached or foregoing instrument, having been duly qualified accord-
ing to law, do hereby acknowledge that I signed and executed the
instrument as my last Will; and that I signed it willingly and as my
free and voluntary act for the purposes therein expressed.
Gol ie A. Karns'
LAW OFFICES OF
STEPHEN J. HOGG
P.O. BOX 1090
CARLISLE, PA 170 i 3
Sworn to or affirmed and acknowledged before me by
Goldie A. Karns, the testatrix, thi s 7~''~ay of ~,~-~
IVOtB'i"~' rug i
jy"j vL'~i:rlf
ariislsF P6
AFFIDAVIT
Commonwealth of Pennsylvania
SS
County of Cumberland
1986.
/i93S
Cpunty,
,dip- r`~/G i.~ ~9 S L/~R/FF and ~~~ ~(i L-~ l'~oPL~S
We,
the witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly a.nd
executed it as her free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the testatrix signed the Will as a witness; and that to the best of
our knowledge the testatrix was at that time 18 or more years of
age, of sound mind and under no constraint or undue influence.
,~~~ ~ ~~
Sworn to or a~~~ jle~dFand suancdri~~R~ beLOr ~~~i`ss-
Pi4-T/CIGI~ ./-~ ~ S ~ 1986 .
witnesses , thi s Z ~ day of C-'~~G'~
f' ~~
Not_ar~~u`blic/ ttor ~~7
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The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
MARLIN R. MCCALEB, ESQUIRE
219 EAST MAIN STREET
P.O. BOX 230
MECHANICSBURG
PA 17055
c~hepahiot-Neu~s
NOw you know
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
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant 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, County and State aforesaid; that
The Patriot-News 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 on the date(s) indicated below. That neither she 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 she 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 unanimously passed 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
Ai;. KARNS, also
InaeQTeCC.TO.SaId Estate ara requested to
make paltn@n~ond;iffota.hdVing claims
will pres@hT ahem }or sdttlemen4 to•
RobarT A:~Karns; CaEketutor
23 Reg@hcv Woods N
Carllsle~ Perinsvlvanla 17b15`
or
Ronald C 'Karns, CaEkecutor ~ -
21 Hdsi•Mdnar. Avenue ''
En61a~penn%ylvanta 17025.
or ;
MdrHn'R. N1cCaleb, Esquire
2i9'East Moln.Sireet
P.O. Box 270. I
This ad # 0002087493 ran on the dates shown below:
August 20, 2010
August 27, 2010
Sworn to
September 03, 2010
before me this
~_
Notary Public
of September, 2010 A.D.
L
1 ~Sy~L---~_..
- ~ COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Sherrie L. Klsner, Notary Public
Lower Paxton Twp„ Dauphin County
My Commission Expires Nov. 26, 2011
Member, Pennsylvania ASSOCIatlon of Notaries
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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,
vlz:
Au>;ust 13 Aul;ust 20 and August 27 , 2010
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.
is Marie Coyne, Edito
SWORN TO AND SUBSCRIBED before me this
27 day of August, 2010
Notary
Karns, Goldie A, a/k/a Goldie Ar-
lene Karns, deed.
Late of Silver Spring Township.
Co-Executors: Robert A. Karns,
23 Regency Woods N., Carlisle, PA
17015 and Ronald L. Karns, 24 "'"~~
East Manor Avenue, Enola, PA N07ARIAL SEAL
17025. DEBORAH A COLLINS
Attorney: Marlin R. McCaleb, Es- NOafy Pub11C
quire, 219 East Main Street, P.O. CARLISLE BOROUGH, CUMBERLAND COUNTY
Box 230, Mechanicsburg, PA My Commb:ioo Ezpirea Apr 28, 201,
17055.
SCHEDULE 9.A
BENEFICIARIES
ESTATE OF GOLDIE A. KARNS
Name and Address Relationship Interest
1. Robert A. Karns Son Residuary
23 Regency Woods N Bequest
Carlisle, PA 17015
2. Ronald L. Karns Son Residuary
14 East Manor Avenue Bequest
Enola, PA 17025
3. Ricky D. Karns Son Residuary
92 Mark David Ct. Bequest
Cassleberry, FL 32707
4. David W. Karns Son Residuary
c/o Robert A. Karns Bequest
23 Regency Woods N
Carlisle, PA 17015
5. John D. Karns Son Residuary
c/o Robert A. Karns Bequest
23 Regency Woods N
Carlisle, PA 17015
6. Robert A. Karns, Jr. Grandson Residuary
2346 Joanne Avenue Bequest
Hummelstown, PA 17036
7. Michael Z. Karns Grandson Residuary
336 Old Stonehouse Rd., So. Bequest
Boiling Springs, PA 17007
8. Heather E. Welch Granddaughter Residuary
1716 Sheepford Road Bequest
Mechanicsburg, PA 17055
9. Stacey A. Karns Granddaughter Residuary
452 W. King Street, Apt. #1 Bequest
Lancaster, PA 17603
10. Rebecca L. Karns Granddaughter Residuary
336 Old Stonehouse Rd., So. Bequest
Boiling Springs, PA 17007
11. Rachael A. Karns Granddaughter Residuary
336 Old Stonehouse Rd., So. Bequest
Boiling Springs, PA 17007
12. New Hope Ministries None Charitable
5228 East Trindle Road Bequest
Mechanicsburg, PA 17050
SCHEDULE B
STATEMENT OF PROPOSED DISTRIBUTION BY
ROBERT A. KARNS AND RONALD L. KARNS,
CO-EXECUTORS OF
THE ESTATE OF GOLDIE A. KARNS,
LATE OF THE TOWNSHIP OF SILVER SPRING,
CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED
ROBERT A. KARNS and RONALD L. KARNS, Co-Executors under the Last Will
and Testament and Codicil of Goldie A. Karns, Deceased, propose to
distribute the balance of said Estate in their hands, to wit: $70,635.65,
in accordance with the terms of said Will and Codicil, as follows:
TO: 1. New Hope Ministries, charitable
bequest: $ 500.00
2. Ricky D. Karns (1/6):
Household contents, in kind: 2,157.00
Cash 9,536.27
11,689.27
3. Robert A. Karns (1/6):
Household contents, in kind: 90.00
Cash: 11,599.27
11,689.27
4. Ronald L. Karns (1/6):
Cash:
5. David W. Karns (1/6):
Cumberland County Domestic
Relations: 1,210.14
Cash: 10,479.13
6. John D. Karns (1/6):
Cumberland County Clerk
of Courts:
Cash:
7. Robert A. Karns, Jr. (1/36):
Cumberland County Domestic
Relations:
8. Michael Z. Karns (1/36):
Cash:
9. Heather E. Welch (1/36):
Cash:
10. Stacey A. Karns (1/36):
Cash:
il. Rebecca L. Karns (1/36):
Cash:
2,665.13
9,024.14
11,689.27
11,689.27
11,689.27
1,948.22
1,948.22
1,948.22
1,948.22
1,948.21
12. Rachel A. Karns (1/36):
Cash:
1,948.21
TOTAL TO BE DISTRIBUTED: $ 70,635.65