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HomeMy WebLinkAbout10-10-06 (2) . ,1 INRE: ESTATE OF TIMOTHY M. KALAR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2005-00862 DECREE AND NOW, D <...t. l6 , 2006, proper notice having been given of the filing of the First and Final Account in the above-captioned matter and of the call thereof for audit and no objections having been filed, the Account is hereby confirmed and distribution decreed in accordance with the proposed Schedule of Distribution. This is a Nisi Order which shall become absolute as of course unless written exceptions are filed within ten (10) days after the date of filing hereof. In the Orphans' Court Division Certified from the record as Absolute ~ iu/l~JI,o.Ir;fI (Y~a~ / Clerk of the Orp ans' Court vision ~ 138300.1 Page 1 / Petition where decedent left NO WILL. In the Orphans' Court Division of the Court of Common Pleas of Cumberland County COMMONWEALTH OF PENNSYLVANIA No. 2005-00862 Estate of Timothv M Kalar , deceased. The petition of respectfully represent: Steohen G. Kalar and Kimberlv A. Gettv (Name of Petitioner) I. The decedent, Timothv M. Kalar. a simde man (State whether Married or Unmarried at time of Death) , late of the T ownshio of Upoer Allen Townshio died on Seotember 18 , 20 ~, having died with NO WILL, (Date) and No CODICIL(s), duly probated on September 27.2005 (Date) and recorded in Roll NI A , on which the present letters Administration were granted on Seotember 27.2005 . to Steohen G. Kalar and Kimberly A. Gettv. as Co-Administrators. and leaving no spouse or issue to parents as follows.1 Mother, Patricia A. Kalar Father, Stephen G. Kalar RECORDED OFFICE OF REGISTER OF WILLS 2006 SEP 7 PM 4:13 CLERK OF ORPHANS' COURT CUMBERLi\ND CO., P A ISURVIVING SPOUSE OR ISSUE: Ifmarried, state whether a husband or wife survived and his or her name. State whether the decedent left issue and their names, when material. If none, so state. State whether surviving spouse has elected to take under or against the will, according to 20 Pa. C.S.A. Section 2201, et. seq., as amended and if such an election has been made, whether it has been filed, where recorded, and furnish a copy thereof. Page 2 II. The names of all LEGATEES and the amounts and character of their LEGACIES, and the names of the residuary legatees and the nature of their interests are as follows:2 Names Relationship to Interest Of Age Give name of guardian or committee, Decedent (Yes or No) if any, and how appointed; submit copy of will in case of testamentary appointment Patricia A. Kalar Mother 50% of Residue & Yes Sui Juris - No legal representative 2 167 Merrimac Avenue Personal Effects appointed. Mechanicsburg, PA 17055 under Items B & C Stephen G. Kalar Father 50% of Residue Yes Sui Juris - No legal representative 2167 Merrimac Avenue under Item C appointed. Mechanicsburg, PA 17055 III. The notice of the granting of such letters was published in the The Sentinel . a newspaper, on the following dates: October 5. 12. and 19.2005; and in the Cumberland Law Journal, on the following dates: October 7. 14. and 21. 2005 .3 on IV. The inventory of the estate, amounting to Mav 12 , 19 ...M..-. (Date) $39.200.05 was filed V. The estate is X is not subject to the payment of Pennsylvania Inheritance Tax, and is ----X- is not subject to the payment of Pennsylvania Estate Tax.4 Tax clearance letter received from Department of Revenue on July 3, 2006. VI. All the parties in interest are living, except as follows:s No Exceptions. 2p ARTIES IN INTEREST: Indicate such legacies as have been revoked with a reference to the revoking clause. 3ADVERTISING LETfERS: Submit original proofs of publication. 4INHERITANCEAND ESTATE TAX: Ifsubject, state amount of taxable property, allowable deductions, net estate, tax assessed, and date of payment. SPARTIES LIVING: State exceptions, if any, giving names, dates of death, and the names of their personal representatives, the date of grant of letters testamentary or of administration, and the place of the grant; or the names of their issue as the same may be material. Page 3 VII. All of said parties having any interest in said fund had actual notice of the filing of the account and this audit, except as follows:6 No Exceptions. (See: Memorandum to Claimants, Creditors and Beneficiaries, dated September 7,2006 (attached hereto), to the filed original of this Petition.) VIII. The decedent did not marry and executed no will or codicil( s), and there were no children born to or lawfully adopted by the decedent, except as follows: 7 No Exceptions. ~OTICE OF AUDIT: State how notice was given, and when. Give exceptions, if any. (Refer to o.c. Rule 5.5 if there are charitable bequests.) 7AFTER MARRIAGE OR CHILDREN: If after marriage, give date. Ifafterborn children, state names and dates of birth. If adopted children, state dates of adoption and reference to the Court record of their adoption. Page 4 IX. All creditors and other persons, of whose claims the accountant has notice or knowledge, were sent actual notice of this audit by letter mailed on or before Seotember 7. 2006; and the names of such claimants and amounts of their claims are as follows:8 See: Summary of Claimants and Creditors (attached hereto). See: Response to Paragraph VII above. X. The family exemption, allowable under 20 Pa. C.S.A. ~3121, to the spouse or children of the decedent, was claimed by the following person:9 Not Claimed. XI. The parts of the will of the decedent which require interpretation, and the questions which are to be adjudicated are as follows: 10 The Decedent died intestate, there is no Will to require interpretation. All secured creditors have been paid due to the priority nature thereof under the Pennsylvania Probate, Estates & Fiduciaries Code, as set forth in the Account. There are claims by certain general creditors that have been paid due to the priority nature thereof under the Pennsylvania Probate, Estates & Fiduciaries Code, as set forth in the Account. There is another claim by a certain general creditor that has been recognized by the Co- Administrators. The Co-Administrators seek confirmation of such claim. However, even based upon recognized claim of such general creditor, the assets of the Estate, after payment of (or reserve for) administrative expenses of the Estate, are insufficient to pay the claim in full or otherwise. The residuary beneficiaries under the Pennsylvania Probate, Estates & Fiduciaries Code will not receive any residuary distribution due to the insolvency of the Estate. 8CREDITORS: Ifno such claims, insert the word, "none". Ifany, give names, amounts, purpose and whether correct. If too many for the space, annex a list thereof. If any creditors or other claimant has not received actual notice, that fact must be stated. 9p AMIL Y EXEMPTION: If such exemption has been allowed, state to whom and when. If none, so state. IOQUESTIONS FOR ADJUDICATION: Ifnone, insert the word "none". If any, refer to the parts of the will which require interpretation. State any questions which are to be adjudicated, presenting all material facts not already given, and a statement that the persons affected thereby have had notice that they will be submitted for adjudication. Page 5 XII. No share of any party in interest has been assigned or attached. 11 No Exceptions. XIII. There are attached hereto the following:12 ( X ) Original Proofs of Publication regarding Grant of Letters; (X) Attorney's Certificate of Notice; and ( X ) Proposed Decree Nisi. XIV. The distributive shares of principal and income, and the persons thereunto entitled, are suggested as follows: 13 See: Statement of Proposed Distribution (attached hereto, and also attached to the Co-Administrators' First and Final Account) Your petitioners, therefore, ask that distribution be awarded to the persons thereunto entitled, as their respective interests may appear. _~~A. ~~ AmI (Signature of Petitioner) , Stephen G. Kalar, as Co-Administrator of the Estate of Timothy M. Kalar, deceased. IlASSIGNMENT OR ATTACHMENT: State exceptions, if any, giving facts, with copy of assignment, certified by counsel, and the record of proceedings in which the attachment issued. 12RECORDS: Indicate with cross (x) mark, those submitted. 13DISTRIBUTION: (1) Give names, value, and proportionate share of distributees; (2) Give name of guardian, committee, trustee, or other fiduciary, ifany; (3) If the distribution of income is different from that of principal, state the fact; (4) If distribution is to be made to an individual as trustee, state the Trustee's residence; and (5) If any advancements, or prior payment of share, or debts due estate, name distributee and state amount received or due. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Page 6 : SS.: The above named petitioner, being duly sworn, does depose and say that the facts set forth in the foregoing petition 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. ---44~A ~A FJbY] ( 19nature of Petitioner) .J Stephen G. Kalar, as Co-Administrator of the Estate of Timothy M. Kalar, deceased. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon H. Slmclzen, Notary Pubic City of Harrisburg, DaUl)hIn CountY My Commission expires 0cl21, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Page 7 : SS.: The above named petitioner, being duly sworn, does depose and say that the facts set forth in the foregoing petition 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. sworn.:0 and subscribed before me th~~ L/tr,:, day of ,~~~ ' 20~6. . J '~\ '. V ~ ~:xJ}J)...A"L"f){) I'\..~A-O. . .'tJ I-J 0 l'P..P-.. 'i \ 138298.1 ftJ) ~1\ (Si ature of Petitioner) Kimberly A. Getty, as Co-Administrator of the Estate of Timothy M. Kalar, deceased. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon H. Simcizen, Notary pubrlC City of Harrisburg, D81JJ)hln County My Commission Expires Oct. 21, 2008 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA 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, viz: October 7, 14, 21, 2005 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. Kalar, Timothy M., dee'd. Late of the Township of Upper Allen. Executors: Stephen G. Kalar. 2167 MerrimacAvenue. Mechanicsburg. PA 17055 and Kimberly A. Getty. 161 Locust Grove Road. Dillsburg. PA 17019. Attorneys: John DeLorenzo. Es- quire. Goldberg Katzman. P.C.. 320 Market Street. P.O. Box 1268. Harrisburg. PA 17108-1268. (717) 234-4161. - SWORN TO AND SUBSCRIBED before me this 21 day of October. 2005 NOT AR AL SEAL LOIS E. SNYDER, Notary Public Carlisle 80m, Cumberland County My Commission Expires March 5, 2009 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) October 05, 12, 19, 2005 COPY OF NOTICE OF PUBLICATION - ESTATE~ lErrERS TESTAMENTARY In the Estate of TIMOTHY M. KALAR, deceased, late of the Township of . Upper AIlen,Cumbertand. County, Pennsylvania (died September 18. 2005), having been gl'anted to the underslgn85i,aJ1 persons '. indebted to said Estate . . are requested tom81(e. Immediate payment;, and~ having claims Should present them . ! without dEl1ay t!l: .' " StephenG. ~\aT 21e7 Memmae AVenue Meehanlcsburg, PA 1,!055 . . Kimberly A. Getty 161 LocuIilGrove Road DUlsburg,PA 17019 Mfiant further deposes that hel she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of S:::;jA~ Sworn to and subscribed before me this 19th. day of October, 2005. orto: " '" . John DelOrenzo, Esquire Goldberg Katzman, P.C.' 320 Mar1<et Street " P.O. Box 1268 . HaniSburQ.PA'17108-1268 4' (717}234-4161 " 1 . &/J Ub ~ 'i. tu';it;- Notary lic My commission expiIes:q /t (I) f COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Car1is1e BolO. Cumber1and County My Commission Expires Sept 1, 2008 Member. Pennsylvania Association Of Notaries ....l . . ESTATE OF TIMOTHY M. KALAR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION INRE: No. 2005-00862 CERTIFICATION OF NOTICE I, John DeLorenzo, Esquire, Counsel for the Estate of Timothy M. Kalar, Deceased, do hereby certify that on Seotember 7. 2006 , I caused notice of the filing of the Decree of Distribution to be served on all parties interested in the Petition for Distribution, by First Class Mail, Postage Prepaid, and that the requirements of Cumberland County Orphans' Court Rules 6.3 and 6.3 .1. have been met. (tv o . No. 72190 Goldberg Katzman, PC 320 Market Street, P. O. Box 1268 Harrisburg PA 17108-1268 Date: Phone: (717) 234-4161 138302.1