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HomeMy WebLinkAbout12-04-07 11 ~,J3S .l)d- I 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-" c:;:) Q 5 ACCOUNTANT IS CHARGED WITH THE AMOUNTS OF PRINCIPAL AND I~EST 0 RECEIVED AND CLAIMS CREDIT FOR THE DISBURSEMENTS MADEAS STATED BELOW: ,; =F () ~ "1>'- :zgj Jr' ,=(n~ no '~Q'11 ("-):0 "'1-1 'J> 21-07-0147 PRINCIPAL RECEIVED ,.'0 -.:rJ I 11 !,-;,\('J (..0 C) ,---;=.- :.x:J ~,~CJ r-l"l r::;:-1 -T I ", February 11,2007 Mobile Home c; C"_') -0 -'1 '., :x :~: ~ -4,ooq~OO"T1 .. C'/) ,::) '-n 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 o ~=o 'J ~ (") :~~s (I) ;;>-~ 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 C}C") C.::-'n ~ _",,-J -i :;:2 Page 1 of 10 f"...;) c::>> <= --' CJ r>, CJ ~ . -..) -'0 f1, iT' C) c;.) 0 <..~~1 ~:dEl -"0 '.-;"1 -n ~ C) rTl r-- __ (,......? ( .) -71 &:"" -u :% - .. co 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