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HomeMy WebLinkAbout09-30-11.~~~~ ti ~~ DECEDENT'S ESTATE ~_., -_, COURT OF COMMON PLEAS OF ~- ~? CUMBERLAND COUNTY, PENNSYLVANIA ,~ ~ `' ORPHANS' COURT DIVISION -`~~-~ ~~_ -_ ; ~~ -,-, - -~- _ - ,. ;__ _,, 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 ~~~ ~ ~~/~ __ __ .__ _-- 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 QQ /~ ~ ~ ~~ ~~~~L 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 ~.w IL~Lib_ J. ~~i'J ~~_'~ {VU i~1! o ~IUL~~ ?;1+ Ca;c.;iia~o:~ _r:xpi>vs !~~~z° s, 1935 sariiae, ~!~ ~.~~rr~t~rland Ga,nt~~ 1 ~- ~c~ c~~~~,w,~y~ ~z~ ~~~~~ ~~e~~~ ~ -vim C~ ~~~ ~ ~~~ .'x.=01/ ,r7, ? °-~ 1 i i __ - -~ - __ ____ - V _ ~~ - -_~ ''~~ -- . I ---- --- ----------- ----------------- ___-__ -- -- - ---- - - _ _ __ - I ` -- __ - _ _.. _ _ --_. -_ _ __ - -- -- _--_ ____ __ _~ O ~~-v~?~_.. _____ -------- ~ _----- ~ ~, i wD._ ~.. inn n --_- --- --------- - -------- ~ / / ~ / C/ -- _.. _ L~-~CJ `~ ----- - --- ------ -- -- - --- i ~ ~ - - __ ~f - --------- ----- ---- ~ -- -_ _-_ // ^ I -- __-. --- _.. _. __ ~__ _ .. _ -. 1 , 1 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