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Home My WebLink About11-09-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF PAULINE R. KIMMEL, ~ c;:::) c:t'" % C) ...:: : No. D<S ' ~S ~i 2 s:~ ':-:u--o"...... f::..'::r:"'~ ~"J ~ r: c':'-z{1'1 PETITION FOR SETTLEMENT OF SMALL ESTATE l'::>;G0~ (jQ ~-) g-n :~\:o Pursuant to section 3102 of the Probate, Estates and Fiduciaries~~Q(je, the undersigned petitioner represents that: deceased 1. The name and address of petitioner are: Catherine M. Kimmel 531 Fairway Drive Camp Hill, Cumberland County, Pennsylvania 17011 2. The relationship of the petitioner to the decedent is: Daughter and Executor under her Will. 3. The decedent died on January 1, 2005. 4. The decedent was domiciled at time of death in Cumberland County, Pennsylvania, with a last family or principal residence at: 531 Fairway Drive, Camp Hill, Pennsylvania 17011. 5. The decedent's social security number is: 191-01-6721. 6. The death certificate is attached hereto. 7. The decedent died testate. The will has not been probated and a true and correct copy of the original will is attached hereto. The original will was previously mailed to this Honorable Court, but was not received and is presumed lost in the mail. The personal representative named in the attached will is: Catherine M. Kimmel (Le., petitioner). Catherine M. Kimmel is also the only child of decedent. t \D ::0 -0 rE~ Q(c':"" ( ..J _J (J -~~3 ( , " ' , , "J t::J C) -"n -n B rn ,,"") '''T'~ -0 ::It: ~ C,;..') "U) ~ 8. Catherine M. Kimmel is the only party beneficially interested in the estate since she is the only child of decedent, survived decedent, is the sole heir named in the will, is the executor for the estate named in the will, and is a competent adult over the age of 21 and sui juris. 9. When decedent died she was a widow, her husband having died May 1, 1969 and she did not remarry or divorce thereafter. 10. Decedent was born in 1915 and executed the attached will in 1984 at the age of 69, after which she was never married and had no other children and adopted no children. 11. When decedent died, she owned property (exclusive of real estate and property payable under section 3101 of the Probate, Estate and Fiduciaries Code) of a gross value not exceeding $25,000, which is itemized below: (a) 33 shares of stock in The May Department Stores Company (Certificates M191249, M249684, M332151, and 440309) with a value (based on the redemption value from the merger with Federated Stores) of $1,018.52. (b) A checking account with the Pennsylvania State Employee's Credit Union with a balance of $371.70. (c) A savings account with the Pennsylvania State Employee's Credit Union with a balance of $791.00 (d) Unclaimed property in the possession of the Pennsylvania State Treasurer with a cash value of $433.40. 12. When decedent died, the sole claim on her account, other than the costs of her funeral, was a credit card bill from her General Motors Mastercard in the amount of $820.70, which was paid in full from decedent's checking account on January 14, 2005 after transferring the balance in her savings account into her checking account, leaving a balance in the checking account of $342.00. 13. There are currently no claims on decedent's estate other than the claim of petitioner for reimbursement for expenses paid with her own funds, which claim is undisputed. 14. The total amount paid pursuant to decedent's will for her funeral expenses was $2,001.25, which was advanced by petitioner from her own funds and remaining funds of decedent. 15. The petitioner has paid or will cause to be paid all Pennsylvania inheritance tax due on all property to be awarded under this petition. 16. There are no parties beneficially interested in the estate other than petitioner. 17. Your petitioner proposes that the following claims be paid: reimbursement to Catherine M. Kimmel for payment of the funeral expenses of decedent, as directed by the attached will, in the amount of $2,001.25, less credit for cash transferred toward payment of such expenses from decedent's checking account in the amount of $342.00 and less credit from the value of decedent's unclaimed property transferred toward payment of such expenses from the Pennsylvania State Treasury in the amount of $433.40, leaving a net claim to be reimbursed in the amount of $1 ,225.85 to be paid by the transfer to the petitioner of the 33 shares of stock in The May Department Stores Company, valued as stated above in the amount of $1,018.52, which transfer will be accepted by the petitioner as payment in full, there being no other assets in the estate. Respectfully submitted, rv/ Michael B. Volk, Esquire Pennsylvania Attorney 1.0. No. c6 t3~~g Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110-1250 Telphone Number: [717] 233-4101 VERIFICATION The undersigned petitioner hereby verifies, subject to the penalties of 18 Pa. C.S.A. 9 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing petition which are within her knowledge are true, and, as to the facts based on information received, after diligent inquiry, she believes them to be true. DATE: /I/r/tfb t:?~;/?/I~ Catherine M. Kimmel H 105 .805 REV 9/86 This is tu certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. . WARNING: It is iIIega. to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 No. a<'a~ ~ 1;4aA.'Y- Loca Registrar" p 10898876 JAN 0 4 2005 Date 35.143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH STATE FIlE NUIlBER NAME OF DECEDENT (FirSt. Middle. Lasl) 1. PauLiae. llo.MU...e. K..u.e.t. AGE (Last Birthday) 89 YIS. I. COUNTY OF DEATH SEX 2. SOCIAL SECURITY NUMBER F ema..te. 3. 19 1 0 1 - 672 1 BIRTHPLACE (City end SI8I. 0( Foreign Country) PA Ie. Eal.Jt PenMbOlto KIND OF BUSINESS I INDUSTRY MARITAL STATUS. Married, Ne~=s~' 14. Widowed -done.D ::::::ciIy) 0 RACE. American Indian, BIsel<, \M1ile, et (Specify) 10. White. SURVIVING SPOUSE (If lIrife, give maiden name) . DECEDENrS ACTUAL RESIDENCE (See insttuctiOns on other Iide) 1711.Countv Cumbvr..tand Did decedenl Nve in a township? 17c. 0 Ves, decadent Nved in 17d.D ~~;"=:~:Of twp Camp H1 ii clly/boro IMMEDlA TE CAUSE (Final eli_sa 0( condition reIUIling in deell1)- a. SaquentiaIly Isl conditions I b. if any, leading 10 immediate cause. Enler UNDERLYING CAUSE (Disease 0( illUIY c. lhat initialed e_ relUting on deaII1 ) LAST d. WAS AN AUTOPSY \'\ERE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPlETION OF CAUSE OF DEATH? Ves 0 No vesO MANNER OF DEATH if Accidenl 0 D DATE OF INJURV (Monti, Day. Ye...) TIME OF INJURY INJURV AT WORK? DESCRIBE HOW INJURV OCCURRED. o o Yes 0 Cou/dnot be delermine<l 0 308, 3Gb. M. 3Oc. PLACE OF INJURV . AI home. farm. Slreet. faclOly. oIIice building, ole. (Spodfy) 2Ia. 21b. 21. 308. - CERTIFIER (CIleck only one) SIGNATURE AND ,- .~~"=tGJHmy'l~'=~~::l:"c:"':==~=.h:~~~.~~~~.~~~~~.i.~~.~~).................. D 31b. ~ LICENSE NU BER -=a .p~O=~t:'Gm~':.==':":'~t~~=~~~e~tf.~~,'::d-'::t~~~=i:..o:.-:::~~.,...taled............... ...... 0 31c. OJ\} I II') J'1 L 31d. J / (J II NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH -- .MEDlCAL EllAMlNERlCOROHER (11em 211 Tp 0( Print .1_ I ~ On Ihe basis of eumln_ and/or Inv~lon,ln my opinion. d.ath occurred alll1.lIme, date, and place, and due 10 lI1e causeSCs) and K~ <<., &f:;>L .p, Z t. -c'-', 1t.c.'lO 31a~er.. slsled............................................................................................................................................................ D 32. ~ ~ l.[ ,..~ f.'Lt\1, ( 1-l.i( I ~. t . REGISTRAR NATUREA~""'" DATE FILED (Month. Day. Vear) /'C /'a-A44-v ~/I~I/I/I 34. Natural Homicide Pending InvestigatJOn NoD Suicide ~~..~ LAST WILL AND TESTAMENT OF PAULINE R. KIMMEL I, Pauline R. Kimmel, of Fairway Drive, East pennsboro Township, Cumberland County, in the Commonwealth of Pennsylvania, being of sound mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking and declaring null and void any and all previous wills and Codicils made by me, and now state: FIRST: I direct my executrix or her successor to pay my just debts and the expenses of my last illness and funeral. SECOND: I give, devise and bequeath all the rest and.residue of my estate, real or personal or mixed, to my daughter, Catherine M. Kimmel; however, if my daughter, Catherine M. Kimmel, shall predecease me or shall not survive for more than thirty (30) days after my death, then this gift, devise and bequest shall lapse and instead shall become vested as hereinafter provided. J LAST WILL AND TESTAMENT OF PAULINE R. KIMMEL - Page Two THIRD: If my daughter, Catherine M. Kimmel, shall not survive as heretofore noted, then I direct my executor first to liquidate the rest and residue of my estate, whether by public auction or such other prudent methods which he, in his discretion, may choose, and, in that event, I give, devise and bequeath the amount so liquidated, after payment of the expenses of such liquidati~n, to those of the following who shall survive me for more than thirty (30) days after my death to share per capita: George Patrick Gross, Michael E. Gross, Mary Catherine Kopach, Vicky Koval, Carrie Koval, Christopher Koval (the son of Joseph and Lorraine Koval), Christopher Koval (the son of John and Brenda Koval), - .. It. ,............ III ] ..'" ~ ~'~/ . Il, /._ /~'1 .---; " ~k~ T'.. T~~'. .TjI' ~....:J L' ,. --Ar W...v,~..,.,tiJ.l,~::~~I-- ), these being those of my relatives who, after ~~~ considering all my relatives, their circumstances and ~~~~ needs, as well as the possibility of relatives unknown or unborn, I wish to provide the benefit of my estate. FOURTH: I name and appoint my daughter, Catherine M. Kimmel, the executrix of my Last Will and Testament. LAST WILL AND TESTAMENT OF PAULINE R. KIMMEL - Page Three In the event that my daughter, Catherine M. Kimmel, either at the time of my death or thereafter, should be unwilling or unable to serve for any reason, then I appoint and name my brother, Frank Koval, Senior, and my nephew, George F. Gross, to serve together as my executor. No individual fiduciary shall be required to give bond or additional security' in any jurisdiction in which such fiduciary shall be required to serve. FIFTH: I direct that I be buried in the grave next to my husband, which I have purchased for that purpose, and which is located at Plot 555a in Section Two of the Cemetery of the German Roman Catholic St. Mary's Church, 4000 Mt. Troy Road, Ross Township, Allegheny County, in the Commonwealth of Pennsylvania. SIXTH: If my daughter, Catherine M. Kimmel, shall not survive me as heretofore noted, then I direct that my executor take special care in liquidating the piano and string of pearls which may, in such event, be part of my estate, since these two items, currently part of my daughter's estate, are items of special value, which in 1984 she valued at $4,000.00 and $3,000.00 respectively. ':':.;1 _,-,'_ ~ LAST WILL AND TESTAMENT OF PAULINE R. KIMMEL - Page Four IN WITNESS WHEREOF, I, Pauline R. Kimmel, testatrix, as above named, have set my hand and seal this ,I I , c7 ') (, - -"\ ??"--' '-{- '-. day of April 1984. ._~ ",' cr",', FiJbLlC.-"'--'~-: H\~ \. i3\C':;~~':: do;'''\ COlSN\~ /"'" n"j\C ~P,\ \ :'1,'1 ?':!,,~:B:i/ \:;'1" ,., · :" ,;;c\ NG't7;'f'C! ". t\;'c.\ntl;:~rj /7 /'1 (, ---1'/ n/ ' , / 1/" /'\ { / /. ,( '] 's. <1 I /lr-!-"1AA.'J-fA; - < "'"- (SEAL) Pauline R. Kimmel SIGNED, SEALED, PUBLISHED AND DECLARED by Pauline R. Kimmel, the above named testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and those of each other, have hereunto subscribed our names as witnesses. '~~~I" t' · I . . . ,'.. . .....' . . : '.': - ' ".,. - ~,. . . - ": ,'" - .-.,~" "., ,._..~,_,..".,_',_....,_.... "'''''-._ ,_.~~."'"~"~_ ,_".~. . . ,'" . ,.....c<, ;;'" ";.t""'."i>'.:...~;,.:,.:;;.,,~,,v:.'i;;i:>i;Ji,.~ ACKNOWLEDGl-iENT COMMONWEALTH OF PENNSYLVANIA County of <)1mberland ~;? 4~ /~ /) I, --r;,-u /(~/(,'.J/-/ 7\ / '-v~y/ . ' . testatrix, whose name is s~gned to the attached and forego~ng ~nstrument, having been duly qualified according to law~ do hereby acknowledge that I signed and executed the ~nstrumen.t as my Last Will; that I signed it willingly; and that I s~gned it as my free and voluntary act for the purposes there~n expressed. tLJennt~tvan\a. fl-s'~nc\atv;n AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA County of Cumberland , '/(/ , d ' the witnesses whos~ names ached or foregoing instrument, being duly qualifiedc ccording to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in t~ehearing and sight of the testatrix signed the will as witnesses~Clndthatto thebef:)tof our.kJl9~1.edgetlle ~.x,,;,~~s";;}1I.t 'at~,,/~.. :.,.!"PX"; ',~.~~.,to,~+".':~9'~i.;/pf ',' , , ()~"''"'):'''' ' . .,'< We, ~ c.1l.i: ~-'-."'''''.'.'. ;1 ( SEAL ) Witness -_. ':;-f - ~ f Witness ,.!:'UBL~' I '!~, ','O'r". I 1 ,", !9R4 ; ,;/ .';; "~ .' J ! "'~';"rp.'] f) ,,,;/ . ../ i51 elL," }- I , Witness Notary Public ,. Louis 1. Capozzi, Jr., Esquire* Daniel K. Natirboff, Esquire Donald R. Reavev. Esauire Doreena C. Sloan, Esquire Michael B. Yolk, Esquire Brian K. Zellner, Esquire Bruce G. Baron, Research Coordinator Timothy Ziegler, Reimb. Analyst Karen L. Fisher, Paralegal Jennifer Kain, Paralegal . (licensed in P A, NJ and MOl November 7, 2006 bS-t:>S)~ Clerk, Orphans Court and Register of Wills Cumberland County 1 Courthouse Square (1 st floor) Carlisle, PA 17013 RE: TRANSMITTAL OF PETITION FOR FILING Petition for Settlement of Small Estate Estate of Pauline R. Kimmel, deceased Dear Clerk: 2933 North Front Street Harrisburg, P A 17110 Telephone: (717) 233-410 1 Fax: (717) 233-4103 www.capozziassociates.com Victor J. Biermanl, III Esq. Dennis A. Roth), Esq. Vincent E. Fisher, Esq. Of Counsel 1 Licensed in Ohio 2 Licensed in OR. P A. FL 2 ~~ cp.....""'" (-n....l-?-: =g~rn '-.... - '::t:! ,/' (j) 7' 000 () 9"'" 0'55. . ---4 ~ ~ ~ 5 ...c:. , \D -0 :s ~ e,..) \.D Enclosed for filing is the Petition for Settlement of Small Estate, with Form of Order attached, for the Estate of Pauline R. Kimmel, deceased. Also enclosed is a check for the filing fee of$15.00 made out to the Register of Wills, as well as self-addressed stamped envelopes for transmittal of the Order after entry by the Court. Please file this Petition for review and entry of the attached Order by the Orphans' Court. Please advise if you require anything further to process this Petition. Thank you and your staff for the assistance provided to s ith respect to this matter. Very truly J ~. Volk, Esquire Enclosures. cc: Catherine M. Kimmel j 1 0'\ '___' c/-- M u.J.' ,.'0 .;( C) N t-_CL , DC . l"=' x: ~C> C) ;::.~) Q.. C5oc, - C) ,.-, ~J C7\ ff fJ) 7::: ___ I W 7 .:,~- ~ d~rr- '--' 0... L ,J :z; a: Q-, -.D O~ c::::t ::) ~ (.) o &(DO .. e ..... .-..... 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