HomeMy WebLinkAbout12-04-07
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First and Final Account of
Daniel E. Kahley
Executor of the Last Will and Testament of
Daniel E. J. Kahley
Late of South Middleton Township, Cumberland County, Pennsylvania
DATE OF DEATH:
LETTERS TESTAMENTARY ADVERTISED:
February 11, 2007
CUMBERLAND LAW JOURNAL
March 16,23, 30, 2007
ACCOUNT NO.:
THE SENTINEL
March 14,21,28, 200Z-"
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ACCOUNTANT IS CHARGED WITH THE AMOUNTS OF PRINCIPAL AND I~EST 0
RECEIVED AND CLAIMS CREDIT FOR THE DISBURSEMENTS MADEAS STATED BELOW: ,; =F () ~
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PRINCIPAL RECEIVED
,.'0
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(..0 C)
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r-l"l r::;:-1
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February 11,2007 Mobile Home
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-0 -'1 '.,
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-4,ooq~OO"T1
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0\,657.90
February 11,2007 M&T Bank checking account
February 11,2007 2000 Ford Mustang
5,894.02
April 6, 2007 Verizon and Allstate refunds
63.42
May 9, 2007 Suburban Propane refund
171.81
June 1,2007 Pa. State Employment Retirement System benefit payable
1,085.43
August 16, 2007 Rent refund
160.00
August31,2oo7 Credit from Daniel E. Kahley to Estate
202.44
TOTAL PRINCIPAL RECEIVED
13,235.02
INCOME RECEIVED
None
TOTAL INCOME RECEIVED
0.00
DISBURSEMENTS
March 14,2007 M&T Credit Corp., payoff car loan
5,894.02
March 26, 2007 Debra Wiest, Tax Collector, taxes on mobile home
7.01
March 26, 2007 Foremost Insurance, insurance on mobile home
45.71
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
ESTATE OF Daniel E. J. Kahley, DECEASED
No. 21-07-147
PETITION FOR ADJUDICA TION/
ST ATEMENT 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.
INCLUDE A1TACHMENTS AT THE BACK OF THIS FORM
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Name of Counsel:
Robert G. Frey
Supreme Court I.D. No.:
46397
Name of Law Firm:
Frey and Tiley
Address:
5 South Hanover Street. Carlisle. P A 17013
Telephone:
717 -243-5838
Fax:
717 -243-6441
Form DC-01 rev. 10.13.06
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Page 1 of 10
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Estate of Daniel E. J. Kahley
1. Name(s) and address( es) of Petitioner(s):
. Deceased
Name: Daniel E. Kahley
Address:727 Woodbrook Lane
Plymounth Meeting. PA 19462
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
N/A
Is this the first accounting by this fiduciary................................ X Yes_No
If not, identify prior accountings, the accounting periods covered, and the date of
Adjudication of the prior accounting.
2.
Decedent died on
2/11/07
_Letters Testamentary or X Letters of Administration were granted to
Petitioner(s) on
2/20/07
Date of Will (ifapplicable): N/A
Date(s) of Codicil(s) (if applicable): N/A
Date of probate (if different from date Letters granted): N/A
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: Sentinel: March 14.21. 28. 2007
Cumberland Law Journal: March 16. 23. 30. 2007
Form DC-01 rev. 10.13.06
Page 2 of10
Estate of Daniel E. J. Kahley
, Deceased
3. Was decedent survived by a spouse?................................._Y es ~No
If yes, name of the surviving spouse
4. Has the surviving spouse filed to take an elective share?N/A_Yes _No
(See Section 2201 et seq. of the Probate Estates and Fiduciaries Code)
If yes, date of election:
5. In the case of intestacy, state the names of the decedent's surviving children or
surviving issue of deceased children (ifnone, so state):
Daniel E. Kahley
Laurie B. Kahley
Clara Ann Kahley
6. Did decedent marry after execution of Will or Codicil(s)?....N/ A_Yes _No
Were any children born to decedent after execution of
Will of Codicil(s)?............... .............. ........ ............... .........N/ A_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-01 rev. 10.13.06
Page 3 of 10
Estate of Daniel E. J. Kahley
. Deceased
8. Written notice of the Audit as required by Pa. a.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. (Listed at item 9)
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. a. 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. a.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):
Name and Addres of Each Partv in Interest
Relationshin and Comments if anv
Interest
Daniel E. Kahley
727 Wood brook Lane
Plymouth Meeting, PA 19462
Son
33%
Laurie B. Kahley
563 "A" Street
King of Prussia, P A 19406
Daughter
33%
Form OC-OJ rev. j(J.J3.06
Page 4 of J()
Estate of Daniel E. J. Kahley
. Deceased
Name and Addres of Each Partv in Interest
Relationshin and Comments if anv
Interest
Clara Ann Kahley
563 "A" Street
King of Prussia, PA 19406
Daughter
33%
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.
None
C. State why a Petition for GuardianITrustee Ad Litem has or has not been filed
for this Audit (see Pa. D.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-OI rev. 10.13.06
Page 5 oflO
Estate of Daniel E. 1. Kahley
, 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 of Each Claimant Amount of Claim Claim Will Claim
Admitted Be Paid in
Full
see attached list. vYes - ,.~
All claims are admitted. - No _No
None will be paid in full.
- 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 -X-No
Was family exemption allowed?........................N/A_Yes _No
Family exemption claimant's name and relationship:
Name:
N/A
Relationship:
Form DC-01 rev. 10.13.06
Page 60f10
Estate of Daniel E. J. Kahley
, 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
Insolvent. No tax was paid.
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 ---X-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.
N/A
Form DC -0 I rev. 10.13. 06
Page 7 of /0
Estate of Daniel E. 1. Kahlev
. Deceased
16. Had the decedent been adjudicated an
incapacitated person?.................... ......................................_ Yes X-N 0
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 disbursement since
the closing date of the Account.
None
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above_Yes _No
N/A
18. If a reserve is requested, state amount and purpose.
Amount:
NONE
Purpose:
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. Describe in Account.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution?............................_Y es X-No
As to real estate only?......................................................._ Yes X--No
Form OC-OJ rev. 1O.J3.06
Page 8 of 10
Estate of Daniel E. J. Kahley
. 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 Distribution(s)
Amount/Proportion
None
B. Principal:
Proposed Distribution(s)
Amount/Proportion
None
Submitted By:
(All Petitioners must sign,
Add additional lines if necessary):
fd!d~
Name of Petitioner
Form OC-OI rev. 10.13.06
Page 9 of 10
Estate of Daniel E. J. Kahley
, Deceased
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that he/she he is title Administrator
of the above-named Estate of Daniel E. 1. Kahley, and] 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 Petitioner, after diligent inquiry, believes 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.
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
Form OC-OJ rev. 10.13.06
Page 100f10
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.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:
March 16, March 23 and March 30,2007
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.
Kahley, Daniel E. J., dec'd.
Late of 7073 Leiby's Trailer Park,
Lot 78. Carlisle, Middlesex
Township.
Administrator: Daniel E. Kahley,
5 South Hanover Street. Carlisle,
PA 17013.
Attorney: Robert G. Frey. Es-
quire.
SWORN TO AND SUBSCRIBED before me this
30 day of March, 2007
"",,""'"",",,,, '"",o~..~"...._N.9t~
SEAL
GE Money Bank/W almart
TSYS Total Debt Management, Inc.,
P.O. Box 6700
TSYS Total Debt Management, Inc.,
Fingerhut Direct Recovery
c/o Phillips & Cohen Associates, Ltd.
258 Chapman Road, Suite 205
Newark, Delaware 19702
FIA Card Services, NA
Estate Unit DE5-014-02-03
1000 Samoset Drive
Wilmington, DE 19884
FIA Card Services, NA
Estate Unit DE5-014-02-03
1000 Samoset Drive
Wilmington, DE 19884
FIA Card Services, NA
Estate Unit DE5-014-02-03
1000 Samoset Drive
Wilmington, DE 19884
HSBC Card Services
Weltman, Weinberg & Reis Co.
323 W. Lakeside Ave., Suite 200
Cleveland, OH 44113
Citibank (South Dakota), NA, Sears Roebuck
c/o Balogh Becker Ltd.
4150 Olson Memorial Highway #200
Minneapolis, MN 55422
The Danbury Mint
47 Richards A venue
Norwalk, CT 06857
Littleton Coin Company
1309 Mt. Eustis Road
Littleton, NH 03561-3735
Publishers Clearing House
382 Channel Drive
Port Washington, NY 11050
Wells Fargo
Attn.: Collections
711 West Broadway
Tempe, AZ 85282
(Automobile Loan secured by 2003 Dodge Neon which was repossessed.
Possible unsecured deficiency claim of unknown amount.)
HSBC Bank Nevada, NA
c/o Balogh Becker Ltd.
4150 Olson Memorial Highway #200
Minneapolis, MN 55422
GE Money Line of Credit
P.O. Box 981422
El Paso, TX 79998-1422