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HomeMy WebLinkAbout03-08451N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21- g .q3 IN RE: ESTATE OF IRENE KAItN PETITION FOR APPOINTMENT OF AN EMERGENCY PLENARY GUARDIAN OF THE ESTATE AND PERSON OF IRENE KAHN 20 Pa.C.S. §§ 5513 To the Honorable, the Judges of said Court: The Petition of Kenneth Kahn respectfully represents that: 1. Your Petitioner, Kenneth Kahn, is an adult individual residing at 489 Big Spring Rd., Newville, Cumberland County, Pennsylvania, 17241. 2. The alleged incapacitated person is Irene Kahn, an adult woman whose residence is 64 S. Big Spring Avenue, Apt. 2, Newville, Cumberland County, Pennsylvania, 17241, and who is seventy-eight years old. 3. Irene Kahn was married to Kenneth Kahn, Petitioner, until their divorce in 1985. 4. Since their divorce, Irene and Kahn remained friends and companions at their separate addresses in Newville, Cumberland County, and relied upon one another for advice, friendship and companionship. 5. Other than your Petitioner, the only known relatives of the alleged incapacitated person are: a. Karen Kahn, 8088 Eldora Blvd., Commerce Township, MI 48382, adopted daughter. b. Katharine Kahn, 171 South St., Apt. IR, Northampton MA, 01060, adopted daughter. IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-845 BRTRY OF APPBARAHCB Dear Sir: Please enter my appearance as attorney for the Petitioner, Katherine A. Kahn, in the above captioned action. TO: Glenda Farner Strasbaugh April 26, 2007 Respectfully submitted, CC: Frederick I. Huganir, Esquire Patricia R. Brown, Esquire Katherine A. Kahn Karen I. Kahn v Dale F. Sh , Attorney I.. 373 10 West High Street Carlisle, PA 17013 (717) 241-4311 o ;8 ,........., ,~~:) = -...I ~ -c :::0 N CT> -0 w .. o N -'j 6. Years ago, Irene and Kenneth had adopted two daughters, Katharine Kahn and Karen Kahn, who are now adults, and who became estranged from Irene; they live in Northampton, Massachusetts and Commerce Township, Michigan, respectively. 7. Irene's estrangement from the daughters resulted in her having no communication with Karen Kahn for twenty (20) years, and she had only recently communicated with Katharine Kahn, seeing her infrequently in the last few years. 8. Irene Kahn worked as a receptionist at the Dickinson College Kline Center, Carlisle, until her retirement in 2002. 9. Recently, Irene Kahn and Kenneth Kahn were in the process of moving from Pennsylvania to Kentucky, and Irene had expressed to others that she was looking forward to the move. 10. Irene had cataracts removed within the last few weeks. 11. On Thursday, October 9, 2003, Irene Kahn fell on a Newville street, and though she did not want to go, the Newville Police insisted that she go to the Carlisle Hospital in an ambulance. 12. Kenneth Kahn visited Irene Kahn at the hospital on Thursday, Friday and Saturday, October 9, 10 and 11, 2003. 13. Kenneth Kahn telephoned Katharine Kahn to advise her of the situation; he later received a telephone call from Katharine telling him "Irene's living conditions would have to be changed." 14. Irene Kahn tried to discharge herself from the hospital, but was unsuccessful. 15. On Saturday evening, October 11th, Kenneth Kahn again went to the hospital to visit Irene, but this time was informed by a hospital staff person that he was not permitted into her room because "the family didn't want him there." 16. It is entirely out of character for Irene Kahn to refuse to see Kenneth Kahn. 17. Kenneth Kahn believes, and therefore avers, that either Karen or Katharine, or both, have in some manner convinced the Carlisle Hospital that one or both of them have authority to speak for Irene, falsely stated that Irene wishes that Kenneth Kahn be barred from seeing her, and have placed Irene under undue influence and duress. 18. Since Saturday, October 11, 2003, after repeated attempts, your Petitioner has been unable to determine Irene's mental and physical capacity, and believes and therefore avers that she is under duress and has come under the control and undue influence of Katharine Kahn and/or Karen Kahn. 19. On Wednesday, October 15, 2003, your Petitioner learned that the estranged daughters had placed Irene Kahn in Green Ridge Village Nursing Home, 410 Big Spring Rd., Newville, PA 17241. 20. An administrator at the said nursing home told Kenneth Kahn he was not permitted to speak to Irene about her condition, citing a Power of Attorney, but they refused to show the Power of Attorney to your Petitioner. 21. On Wednesday, October 15, 2003, Irene Kahn informed your Petitioner that "she signed nothing," and that she "wants to go to Kentucky" with your Petitioner, and that "Green Ridge gave [her] pills and she had to take them." Irene Kahn was unable to say what the medication is. 22. Irene Kahn does not know why her adopted daughters have removed her from her home and isolated her from her friends and companions. 23. Karen and/or Katherine Kahn have not consulted with Kenneth Kahn, and they have failed to advise him where they may be reached pending their removal of Irene Kahn from her home. 24. Over the years since their divorce, Kenneth Kahn has helped Irene maintain her estate, which includes rented farmland in Cedar County, Nebraska, as well as various and sundry investments and accounts, with an estimated total value between $190,000.00 and $250,00.00 25. The current disposition of Irene's property is unknown. 26. It is believed and therefore averred that Irene Kahn has not voluntarily executed a valid Power of Attorney to Karen and/or Katharine Kahn, and if she has executed a Power of Attorney since October 11, 2003, it was done so under undue influence and coercion, and is therefore void and a nullity. 27. A guardian is needed to facilitate Irene Kahn's proper care and treatment, protect her from undue influence, and to handle her personal and financial affairs in a responsible fashion. 28. Petitioner believes and therefore avers that because, inter alia, Irene Kahn has come under the control and undue influence of her estranged adopted daughters, a guardian is needed to properly care for her affairs of daily living and to handle her person and her property. 29. Petitioner believes and therefore avers that Irene Kahn may be removed from the jurisdiction of this Court, or that her assets may be transferred or dissipated. 30. No other Court has assumed jurisdiction to hear the matter. 31. Kenneth Kahn is willing to accept the appointment of guardian of the property and person of Irene Kahn. Attached is an Acceptance signed by the proposed guardian. WHEREFORE, your Petitioner prays that this Honorable Court appoint Kenneth Kahn as Emergency Plenary Guardian of the Person and Estate of Irene Kahn. HUG~~W OFFICES / F.r.,0~erick 15. ~g'a ~33 ~t~?t~aYnoff)veNr S~t ~0~ P.O. Box 308 Carlisle, PA 17013-0308 717-249-6272 - Carlisle 717-737-8070 - Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF IRENE KAHN SUR: PETITION FOR APPOINTMENT OF AN EMERGENCY PLENARY GUARDIAN OF THE ESTATE AND PERSON OF IRENE KAHN 20 Pa.C.S. § 5513 AND NOW, this PRELIMINARY DECREE rnCday of ~C~ ~L.~' ,2003, upon consideration of the Attached Petition of Kenneth Kahn, it is ORDERED and DECREED that the matter raised by this Petition shall be heard on the ~O7.1 dayof t~QCT~ ., 2003 at ~7;.3c_~,clock, /%-.m., in Courtroom No. --~ of the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, Pennsylvania. represent Irene Kahn, the allegedly incapacitated person. , Esq., is appointed to By the Court, Frederick I. Huganir, Esq. Irene Kahn c/o Green Ridge Village Nursing Home 410 Big Spring Rd. Newville, PA 17241. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21- IN RE: ESTATE OF IRENE KAHN SUR: PETITION FOR APPOINTMENT OF AN EMERGENCY GUARDIAN AND PLENARY GUARDIAN OF THE ESTATE AND PERSON OF IRENE KAHN AND TO ADJUDICATE IRENE KAHN TO BE INCAPACITATED 20 P.S. §§ 5511 & 5513 ACCEPTANCE BY PROPOSED GUARDIAN I, Kenneth Kahn, hereby agree to accept the appointment of plenary guardian of the person and estate of Irene Kahn, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. K~n~eth t~ahn J~ Date VERIFICATION I, Kenneth Kahn, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Ker~neth Kahn Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21- 03- 845 IN RE: ESTATE OF IRENE KAHN SUR: PETITION FOR APPOINTMENT OF AN EMERGENCY PLENARY GUARDIAN OF THE ESTATE AND PERSON OF IRENE KAHN 20 Pa.C.S. §§ 5513 do so. ACCEPTANCE OF SERVICE I hereby accept service of the aforesaid petition and state that I am authorized to October 17, 2003 Michael A. Scherer, Esquire for Irene Kahn ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-03-845 IN RE: ESTATE OF IRENE KAHN SUR: PETITION FOR APPOINTMENT OF AN EMERGENCY PLENARY GUARDIAN OF THE ESTATE AND PERSON OF IRENE KAHN 20 Pa.C.S. {}[}5513 ORDER OF COURT AND NOW, October 20, 2003, by agreement of Frederick I. Huganir, Esquire, attorney for the Petitioner, and Michael Scherer, Esquire, Court- appointed for the allegedly incapacitated person, hearing in the above matter is continued from October 20, 2003 to Tuesday, October 21, 2003, at 3:30 p.m. in Courtroom 3. Frederick I. Huganir, Esquire Michael Scherer, Esquire By the Court, P,J, IN RE: ESTATE OF IRENE KAHN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : 21-03-845 IN RE: RELEASE OF MEDICAL RECORDS ORDER OF COURT AND NOW, October 21, 2003, after hearing from Irene Kahn and Kenneth Kahn, and their respective attorneys, Michael A. Scherer, Esquire, and Frederick I. Huganir, Esquire, it is hereby ordered that all employees of the Carlisle Hospital, also known as Carlisle Regional Medical Center and Green Ridge Nursing Home, including their affiliates and resident physicians and Irene Kahn's personal physician, are permitted to testify in the above-captioned guardian proceedings and release confidential and privileged mental health and medical information, and they are permitted and ordered to disclose those medical records and mental health records to Michael A. Scherer, Esquire, and Frederick I. Huganir, Esquire, for use in these proceedings. By the Court, Michael A. Scherer, Esquire Court-appointed for Irene Kahn Frederick I. Huganir, Esquire For Kenneth Kahn :mtf IN RE: ESTATE OF IRENE KAHN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : 21-03-845 IN RE: APPOINTMENT OF EMERGENCY PLENARY GUARDIAN ORDER OF COURT AND NOW, October 21, 2003, I find that Irene Kahn is an incapacitated person and Kenneth Kahn is appointed emergency plenary guardian of the person and the estate of Irene Kahn. Furthermore, upon the request of counsel for Kenneth Kahn, and counsel for Irene Kahn having waived prior notice as may be required under the statute applicable herein, the appointment of Kenneth Kahn as emergency plenary guardian of the person and the estate is extended for an additional period of twenty days. By the Court, Michael A. Scherer, Esquire Court-appointed for Irene Kahn Frederick I. Huganir, Esquire For Kenneth Kahn :mtf DEC 1 8 2003 AUTHORITY TO PAY COURT APPOINTED COUNSEL ~ District Justice ;~l Common Pleas r-] Appellate r-I Other ..... 3. FOR {O.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUOGET CODE Court of Common Pleas Carlisle, Pennsylvania 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. [] pt-i I¥ OFFENSE I r ene Kahn Gua rd i an ship [] FELONY [] MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. , j~ D.,.nd.n,-Adu,, 21--03--845 2 [] Defendant- Juvenile Guardianship 3 0 Appellant 13. CRIMINAL DOCKET NO. 4 [] Appellee 5 ~ Habeas Petitioner 6 [] Material W~tnesa 7 O Parolee Charged With Violation 10. PERSON REPRESENTED (Full Name) 80 Probationer Charged With Violation 14. APPEALS DOCKET NO. 9 [3 Other: Irene Kahn 16. NAME OF A'I-rORNEY/PAYEE AND MAILING ADDRESS AOOI Oats Michael A. Scherer, Esquire Honorable George E. Hoffer, P.J. O'Brien, Baric & Scherer NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE 17 West South Street Carlisle, Pennsylvania 17013 17. TELEPHONE No. [ 18. SOOAL SECURITY NO OR E iN NO (717) 249-6873 I 25-1708515 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED " a. Arraign ant and/or Plea Multiply rate per hour times totat hours to obtain "In Court" com- b. Preliminary Hearing pensation. Enter total below. C. Motions and Re(fLeets I-- d. Sail Hearings ) e. Sentence Hearings (.3 f. Trial Z g. Revocation Hearings h. Juvenile Hearings i. Apoeal$ Court 9A. TOTAL IN COURT COMP. j. Other (Specih/ on addittonal sheets) Guardianship ~-. 00 ~1~.~ ArPq~A~HP..F) HearinQ $45.00 =$ 90.00 TOTAL HOURS =. 2.0 0 X PER HOUR 20. a. Inter~iews and conferences 5 00 SEE A??ACEED Multiply rate per hour times total · , - hours. Enter total "Out of Court" b. Obtaining and reviewing records 0 · 5 0 SEE ATTACHED compensation below. ~) ~n- c. Legal research and brief writing :30 , d. InveslJgative and o[her work (Specie/on additional sheets) 20A. TOTAL OUT OF COURT O (,.) COMP. $45.00 =s 247.50 TOTAL HOURS = 5 · 5 0 X PER HOUR 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileage $.25 per mDe x uJ ~ : 21A. TOTAL ITEMIZED EXP. I-- O 22. CERTIFICATION OF ATTORNEY/PAYEE Michael AD Scherer, Esquire 23. GRAND TOTAL CLAIMED Has compensation and/or reimbumement for work in this ca~e previously been applied for? [] YES I~ NO =: S 3 3 7.5 0 Ifyes, were you paid? [] YES r't NO Ifyes,bywhomwereyoupald? Howmuch?. 24. DEDUCT. PRIOR PYMTS. Has the person represented paid any money to you, or to your knowledge anyone else, in connection with the matter for == which you were appointed to provide representat,~f~ NO If yeS, give details on additional sheets I swear or affirm the truth or cort'ectness I Z- I i 7 ~o,..~ 25. NET AMOUNT CLAIMED of the above statements ' 'S~gr;tature'of Attorney/Payee Date = $ 3 3 7.5 0 -,,, .,Log. ,, ,,o.,.:tJ-'t5 =$ CoDy I - MI il to ~Jurt~ministrator at completion of service Robert L. O'Brien David A. Baric Michael A. Scherer Law Offices O'BRIEN, BARIC & $CHERER 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 FAX: (717) 249-5755 E-mail obs~obslaw, com Irene Kahn c/o Court Administrator Cumberland County Courthouse Carlisle, PA 17013 November 25, 2003 File #: Inv #: 3190 11020 DATE Oct-16-03 Oct- 17-03 Oct-20-03 Oct-21-03 Oct-22-03 Oct-29-03 DESCRIPTION Receive and review Petition. Meet with Fred Huganir. Telephone conference with Peggy and Connie at Green Ridge Village. Meet with Fred Huganir and Sandy. Telephone conference with Karen Picking, Green Ridge Administrator. Meet with Irene Kahn at Green Ridge. Telephone conference with landlord Sherry Adams, Jane Adams, Esquire and Dr. Harris. Fax petition to Jane Adams. Meet with client. Represent Irene at guardianship hearing. Telephone conference with Karen Picking. Research. Draft correspondence to Robin Moore. Telephone conference with Joe Adams, landlord. HOURS AMOUNT LAWYER 0.50 $22.50 MAS 0.50 $22.50 MAS 4.00 $180.00 MAS 2.00 $90.00 MAS 0.25 $11.25 MAS 0.25 $11.25 MAS Totals 7.50 $337.50 Invoice#: 11020 Page 2 Total Fees & Disbursements Previous Balance Previous Payments Interest Due November 25, 2003 $337.50 $0.00 $0.00 $0.00 Balance Due Now Administrative charge of 1% per month (12% per annum) will be added to any outstanding balance over 30 days. Payment due within 20 days of invoice date. $337.50 PETITION FOR PROBATE and GRANT OF LETTERS Es~of Irene H. Johnson Kahn No. 2-~ ~ 0 5 ~/-5 abo known as To: Deceased. Social Security No. Register of Wil~ fqr tho . County of umoer.tanct Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Alternate Your petitioner(s), who is/are 18 years of age or older an the execut rxx in the last will of the aboveAecedent, dated JUne 25 · . n/a ~-- -- and codi~cil.(s) dated. "' ~ _ · . in--~a;. -~_&]2~n a t ~_~.x~mL~iv_g(~ in the named ,19 96 (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with b4 Big Apt B h mr .. last fa~m~ily. 9[. principal residence at (list street, number, Twp. or Decedent, then 79 years of age, died December 7, 2003 ,XIY~ , at Morehead ~ Kentucky Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: 5,000.00 WHEREFORE, petitioner(s) respectfully [e41ueslB} the~prqbate of [he~ last_~will and codicil(s) presented herewith and the grant of letters theron. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) Kath~r]_ne A. Kahn OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent pethtioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ,~.~/x... bgfore me this ] ~Tl+ tl~v ,,¢ Katner~.ne A. Kann Estate of No. Irene H. Johnson Kahn ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~-/~ t.L.~ 1 ~ XI~004 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated June 25, 1996 described therein be admitted to probate and filed of record as the last will of. Irene H. Johnson Kahn ; and Letters o,f~A~m ~ o c~_~,t~.,-x are hereby granted to. Katherine A. Kahn FEES Probate, Letters, Etc .......... Short Certificates(7.-) .......... Renunciation ................ Filed ....................... P a t r i~O~.NB~ t(~So~hC, t. k ~qN.o,.) 2 74 74 10 W Pomfret Street uarlisie, ~D~ 717-249-3024 PHONE RENUNCIATION In Re Estate of Irene H. Johnson Kahn deceased. To the Register of Wills of Cumberland County, Pennsylvania. The undersigned Karen Kahn Alvaro, Daughter of the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters be issued to Knrhar-{n~_ A. Kahn W TNESS"7';* ,/ (Signature) (Signature) (Address) (Signature) (Address) -/_ her ~d;pe ~'d;// ~' d/~/; d~Zed /~ c~e;i , ~' I NO IAHIAL SEAL I JUDITH ANN VALENTINE, Notary Public ~d/o/'FC .~ ~ ... _ J ...~rlisle, Cumberland Coun~ ' ~ hmy uommiss~on Expires Nov. 12, 1998 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANL~ ORPHANS' COURT DIVISION NO. 21- 03 - 845 IN RE: ESTATE OF IRENE JOItNSON KAItN (Deceased) APPLICATION TO REOPEN AND AMEND THE PROB~'RECORD TO RECEIVE PROOF OF LATER WILL FOR PROBATE 20 Pa.C.S. §3138 To the Register of Wills: Kenneth Kahn respectfully represents that: 1. Your Applicant is Kenneth Kahn, an adult individual residing at HC77 Box 111, Isonville, Elliot County, Kentucky, who has petitioned for letters of administration c.t.a, on even date herewith. 2. The Pennsylvania Probate, Estates and Fiduciaries Code ("PEF" Code) provides that the Register of Wills shall reopen and amend the probate record if a later Will is submitted for probate within three months of the testatrix' death herein. 3. The specific statutory authority is Section 3138 of the PEF Code, which provides as follows: § 3138. Later will or codicil - Ifa later will or codicil is submitted to the register for probate within three months of the testator's death but after the register shall have probated an earlier instrument, the register, after such notice as he deems advisable, but with at least ten-days' notice to the petitioner who presented the probated instrument if he has not requested probate of the later will or codicil, shall have power to open the probate record, receive proof of the later instrument or instruments and amend his probate record. 20 Pa.C.S. § 3138. 4. The Testatrix died on December 7, 2003, in Elliot County, Kentucky, less than three months before the date of this Application; this Application is timely. 5. The Testatrix had executed her Last Will on November 30, 2003 (the original is annexed to the Petition for Grant of Letters filed even date herewith); her Last Will is a later testamentary instrument than the earlier instrument previously submitted for probate in the above-captioned matter. 6. The Last Will of November 30, 2003 was authenticated by Affidavits of two non-subscribing witnesses on December 12 and 17, 2003, which dates precede January 12, 2004, the date the old Will was submitted for probate, thereby corroborating the Last Will's authenticity. 7. The Testatrix was competent when she wrote and signed her Last Will on November 30, 2003. 8. The prior temporary appointment of a guardian herein expired November 9, 2003, and has no bearing on Irene Kahn's competency to make and sign her Last Will of November 30, 2003 because: a. The petition for appointment of a guardian averred only that Irene Kahn was in need of a guardian for her protection because she was under the undue influence ofKaren Kahn and Katherine Kahn, and that the latter two had physically moved Irene Kahn without her consent, taken possession of her valuable property and personal documents from her residence without consent, and have refused to obey Irene Kahn's and the Guardian's demands for the return of Irene's property during her lifetime; b. Once Irene Kahn was liberated from the undue influence of Karen and Katherine Kahn, the Guardian and Irene Kahn specifically chose to allow the emergency guardianship proceeding to expire 20 days after the October 21, 2003 appointment, pursuant to statute at 20 Pa.C.S. {}3155; c. No evidence was ever presented to the Court herein, as required by the said statute, for an incompetency adjudication; and d. No final appealable order was ever entered in the guardianship proceeding. 9. Kenneth Kahn is the sole beneficiary under the Last Will, wherein Irene Kahn specifically states that Karen Kahn and Katherine Kahn are "excluded from any distribution of my assets." 10. Kenneth Kahn is a member of the highest class of preference for the Register of Wills to choose an administrator under Section 3155 of the PEF Code, to wit: he is solely entitled to the residuary estate under Irene Kahn's Last Will. 20 Pa.C.S. {} 3155(b)(1); Buck Estate, 14 Fiduc. Rep. 201. WHEREFORE, the Register of Wills is respectfully requested to a. Apply the power granted to her under Section 3138 of the PEF Code, whereby she shall accept the later Last Will of November 30, 2003 for probate; b. Give ten day's notice to Katherine Kahn, by her attorney; and c. Thereupon after ten days reopen the record of probate and amend the record by (1) revoking the letters issued to Katherine Kahn and (2) issuing letters of administration c.t.a, to Kenneth Kahn. Respectfully submitted, ~~4tlj~AW OFFICES Ffic/derick -I. I~u~ ~t~ ~. /Attorney ID N6. ~0~ ~ 36 S. Hanover SI: P.O. Box 308 Carlisle, PA 17013-0308 (717)249-6272 (717)737-8070 (Camp Hill) gtffiba Jit o[ l on- uhs rihing itne55 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND · ss: Regina Yocum, the subscriber hereto, being duly qualified according to law, deposes and says the following: during Kahn" and belief that the entirety of the writing and signature appearing thereon are in the 1. I have known Irene Kahn, the Testatrix, from the fall of 1990 until her death. 2. I have known Irene Kahn as a close neighbor and as a close personal friend that entire period of time. 3. I am familiar with the handwriting and signature of Irene Kahn. 4. I have reviewed the attached copy of the "Last Will and Testament of Irene dated "11-30-03," and I swear or affirm to the best of my knowledge, information Newville, PA 17241 handwriting of Irene Kahn. 5. I am an adult individual. Sworn to or affirmed and subscribed before me this 112~.-~~ day of December, 2003. Notary Public My commission expires: 'N~alm'lal Seal Dallas F K~<, N(3~u¥ Put~c Camp Hill 8on:), C, umterlm3d County Mat~nber, Penn~Wa~a-Atllocialion of glffil a it of l 2on- ,ul srri§ing : 9itne55 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND · ss: Betty Adler, the subscriber hereto, being duly qualified according to law, deposes and says the following: 1. I have known Irene Kahn, the Testatrix, from September of 1981 until her death. 2. I have known Irene Kahn as a co-worker at Dickinson College, and as a close personal friend during that entire period of time. 3. I am familiar with the handwriting and signature of Irene Kahn. 4. I have reviewed the attached copy of the "Last Will and Testament of Irene Kahn" dated "11-30-03," and I swear or affirm to the best of my knowledge, information and belief that the entirety of the writing and signature appearing thereon are in the handwriting of Irene Kahn. 5. I am an adult individual. 'Betty Adle~t~ 187 McAllfster Church Rd Carlisle, PA 17013 Sworn to or affirmed and subscribed before me this [-']-~"tN day of December, 2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21- 03 - 845 IN RE: ESTATE OF IRENE JOHNSON KAHN (Deceased) SUR: APPLICATION TO REOPEN AND AMEND THE PROBATE RECORD TO RECEIVE PROOF OF LATER WILL FOR PROBATE 20 Pa.C.S. §3138 VERIFICATION I hereby verify that the statements made in the Application to Reopen and Amend the Probate Record to Receive Proof of Later Will for Probate are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. _ March 1, 2004 Kenneth Kahn / PETITION FOR PROBATE and GRANT OF LETTERS Estate of Ir~_n~ Johnson I(~hrl also khown as No. 21 -.03 - 845 To: Register of Wills for the , Deceased. County of Ca m~horl and in the Social Security No. 508-20-1/: 71 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the t~l:llt -^~ .~ ..... ~ ~~~,-^ named in the last will of the above decedent, dated l~lnvornh~r and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland Cgunty, Pennsylvania, with h er last'family or principal residence at 64 Big: Spring Ave., Apt. B l~ewviile, · t--,~J- ;,~cue uul_uu~ of Newville (list street, numoer aha munc~pal~ty~ Decendent, then 79 years of age, died Decexaber 7, 2003 , ~ajr , at SAndy Hook: E11 Jot County: Kantneky Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 2!-0~-845 Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 5~ 000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ · (If not domiciled in Pa.) Personal property in County $ VMue of real estate ,in Pennsylvania situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters od admSnistration c.t.a. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) theron. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ~ ss COUNTY OF OIMBE~T,AND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn t° or affirmed and subscribed before me this ~ · day of ..71,~/_~;~7O,_~' / ~7~c~j.~ Register Estate Of No. i_ , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 19 , in consideration of the petition.on the .reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated described therein be admitted to probate and filed of record as the last will of .; and Letters are hereby granted to FEES Probate, Letters, Etc .......... $ Short CertifiCates( ) .......... $ Renunciation ................ $ $ TOTAL $ Filed ................................... . Re~ster of Wills A .TTORNEY (Sup. Ct. I.D. No.) 00: tlr L- ~]t/I,l ~. A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal · of ssJd Court at C, arl~e, PA A TRUE COPY FROM RECORD In Testimony wherot. I hereunto set my hand and the seal ot said Court at Cartage, / Cumberland County ~.f{ ffil a it of on- uh tribing COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND · SS: Betty Adler, the subscriber hereto, being duly qualified according to law, deposes and says the following: 1. I have known Irene Kahn, the Testatrix, from September of 1981 until her death. 2. I have known Irene Kahn as a co-worker at Dickinson College, and as a close personal friend during that entire period of time. 3. I am familiar with the handwriting and signature of Irene Kahn. 4. I have reviewed the attached copy of the "Last Will and Testament of Irene Kahn" dated "11-30-03," and I swear or affirm to the best of my knowledge, information and belief that the entirety of the writing and signature appearing thereon are in the handwriting of Irene Kahn. 5. I am an adult individual. Betty Adle/ 187 McAlhster Church Rd Carlisle, PA 17013 Sworn to or affirmed and subscribed before me this ~"'1-~ ~ day of December, 2003. ~y-comm~ssmn expires: - ¢t~ C, I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND · SS: Regina Yocum, the subscriber hereto, being duly qualified according to law, deposes and says the following: 1. I have known Irene Kahn, the Testatrix, from the fall of 1990 until her death. 2. I have known Irene Kahn as a close neighbor and as a close personal friend during that entire period of time. 3. I am familiar with the handwriting and signature of Irene Kahn. 4. I have reviewed the attached copy of the "Last Will and Testament of Irene Kahn" dated "11-30-03," and I swear or affirm to the best of my knowledge, information and belief that the entirety of the writing and signature appearing thereon are in the handwriting of Irene Kahn. 5. I am an adult individual. 6R~gw~.a(~B~ C;p~-ng Ave. ~ Newville, PA 17241 Sworn to or affirmed and subscribed before me this 112~---~ day of December, 2003. Notary Public My commission expires: I Dallas F. K~, Nc~y Public I ! Camp Hill ~}ro, Curnbeda~ County l ~Y C~ ~ ~ 7, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21- 03 - 845 IN RE: ESTATE OF IRENE JOHNSON KAHN (Deceased) SUR: APPLICATION TO REOPEN AND AMEND THE PROBATE RECORD TO RECEIVE PROOF OF LATER WILL FOR PROBATE 20 Pa.C.S. §3138 CERTIFICATE OF SERVICE I hereby certify that I have this date provided notice to Katherine Kahn by mailing a copy of the Application to Reopen and Amend the Probate Record & etc. to her attorney of record, first class mail, postage paid, as follows: March 1, 2004 Patricia R. Brown, Esq. 10 West Pomfret St. Carlisle, PA 17013 }~~LAJ~ OFF, tI~ES [ By~ '- ~-det~k I.:lH~i~, ~squire I~ttorney for Keraf~ ~m REGISTER OF WILLS OF COUNTY OATH OF SUBSCRIBING WITNESS// codicil (each) a subscribing witness to the will presented herewith, (each/Vbeing duly qualified according to law, depose(s) and say(s) that / present and saw, the testat , sign the same and that / signed as a witness at the request of testat__ in h presence and (in thfl~resence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before / me this -- ~ day of// (Name) ///RegL~ter .... : ~ : ~ ~' / (Name) ~ 04 R~GIS cc ' ~TH OF NON-SUBSCRIBING WITNESS (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that 'W~ //k {(~ familiar with the signature of { {?---~g3~ [/x_Pi bOA] testat-~l~C of (one of t~e :ub:cribing ~i:.nesse.~to) the -- presented herewith and that -~- believe} the signature on the the handwriting of to the best of. ~x~ knowledge and belief. Sworn to or affirmed and subscribed before me this .~cx4 day of -I 0 (Nart~) ~Y~ <'~'~ ~ ~ ~ (Address)' (Name) (Address) REGISTER OF WILLS OF COUNTY OATH OF SUBSCRIBING WITNESS codicil e will presented herewith, ing duly qualified according to present and saw the testat. , sign the same and thalX /J signed as a witness at the request of testat. _ __ in ~_ presenceX~(in the presence of each other) (in the presence of the other subscribing witness(es)). ~ ~ Sworn to or affirmed and subsc~i~fed before "'-,, me this ~'/ day of ~ (Name) // ~X~dress)  Register (Na~e~, (Address) ~EGISTER OF WILLS OF ~Ltrr,,V)e'c-\c,_,--~c~ COUNTY <~: OATH· OF NON-SUBSCRIBING WITNESS (each)~a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that L~ CLcv-'~ familiar with the signature of / ~'C~C~ ~'c~,tq~x , testat l of (one of the subscribing witnesses to) the presented herewith and that ~ believes the signature on th the handwriting of to the best of_ l~7~¥- knowledge and belief. / Sworn to or affirmed and subscribed before me this ,~ o.4 day of (NameL (Address) (Name) (Address) Postage Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Hers · ~ itam~ 1, 2, and 3. Also complete item 4 if R~ Delivery is desired~ · · pflnt your name and address onthe reverse - so that we can return the card to you. · Attach l~is card to the back of the mailpiece, z .A~.~ 7003 · I:~ FO~ ~8zl ;1', ~us~ 2001 B. Received by (P~ntedNartie) lC. Dateof Del.b?y. . D. Is de#ve~ address diffemnt from item l? I'lyes 3. Type C] Reg~ered O Ret~m Rece~ f,x Mechexaes I'1 Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fes) [] Yes 1010 0001 1203 7963 : [~omestlc Return Receipt ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY In Re: Estate of Irene Johnson Kahn No. 21-03-845 CITATION ro~ Patricia Brown, Esquire, Counsel for Petitioner Katherine Kahn On Petition of Kenneth Kahn to: Reopen and Amend the Probate Record to Receive Proof of Later Will for Probate pursuant to 20 Pa.C.S. [3138. Greetings: THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMANDS that you, laying aside all business and excuses whatsoever, file in the office of the Clerk of Orphans' Court Division of the Court of Common Pleas of Cumberland County, County Courthouse, Carlisle, Pennsylvania, a full and complete Answer, under oath, to each and every of the averments of the aforementioned Petition within twenty (20) days from the date of service of this Citation, and that you Show Cause why such Petition to Reopen and Amend the Probate Record to Receive Proof of Later Will for Probate should not be granted, and that you further abide by any Order of our said Court in this matter. If you fail hereof to answer and show cause why such petition should not be granted, the petition may be takenpr0 confesso and a decree made against you. D .~. E: Mg~h 4,2004 :2) Glenda Farner Strasbaugh Register of Wills Cumberland County BOND REGISTER OF WILLS OF _Cumber l and COUNTY BOND AND SURETY FOR PERSONAL REPRESENTATIVE KNOW ALL BY THESI~ PRESENTS, That Insurance Companies Kenneth Kahn as principal(s) and State Auto as surety (sureties) are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of Ten Thousand dollars ($ 10,000) to be paid to the Commonwealth, for which payment we do hind ourselves, jointly and severally, our heirs, executors, administrators and successors, the condition of this oblil~ation being that ,if_ Kenneth Kahn as (state fiduciary capacity) Administrator of the estate of Irene Johnson Kahn , or any of them, shall well and truly administer the e~tate according to law, then this obligatio~ahall be void as to the personal representative or representatives who shall so administer the es!=_te and his or their surety or sureties; but otherwise it shall remain in full force. Signed and sealed this 5 th intending to be legally bound hereby. __dayofMarch _(Seal) i (Seal) .(Seal) (Seal) (Seal) STATE AUTOMOBILE MUTUAL INSURANCE COMPANY CERTIFIED COPY THIS DOCUMENT MAY NOT BE REPRODUCED COLUMBUS, OHIO ORIGINAL PRINTED ON YELLOW PA'r-I'ERN PAPER POWER OF ATTORNEY {~n~m All ~n ~1;! i~l~ ~r~nt~. That STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, a corporation, duly organized and existing under the laws of the State of Ohio, and having its principal offices in the City of Columbus, Ohio, does hereby by these presents make, constitute and appoint ......... M. Eugene Miller, Lori L. Chamberlin, Kimberly A. Shoff .................. of Carlisle and State of Pennsylvania EACH its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to ex- ecute, acknowledge and deliver any and all bonds or undertakings described below, to wit: any and all bonds, undertakings, or other written obligations in the nature thereof, subject to the limita- tion that the penalty of any one bond shall not exceed Three Hundred Thousand Dollars ($3.00,000.00) in amount and to bind the Company thereby'a~s'f'u]l{,'a'n'd't'o't'h'e'~[r~'~x't~r~t'~ [f~s'u'cR'66r;cTs' ~v;~ ~i'g'n'e;J'6~; }~ ~Lry' ~6t'h~)rized officers of the Company, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attorney is made and executed pursuant to and by authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 8th -day of May 1970: BE IT RESOLVED, by the Board of Directors of State Automobile Mutual Insurance Company, that any two (2) of the following officers of the Company, viz: the President, any Vice President, any Assistant Vice President, Secretary, any Assistant Secretary, Treasurer, and any Assistant Treasurer, sh~ll have the power and authority to appoint agents and attorneys-in-fact and to authorize them to execute on behalf of the Company, adh attach the seal of the Company thereto, bonds, undertakings, recognizances, con- sents of surety or other written obligations in the nature thereof; and any such bond, undertaking, recognizance, .consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by such attorney-in-fact or agent pursuant to and within thelimits of the authority granted' by his power of attorney. BE IT FURTHER RESOLVED, that any two (2) said officers may remove any such Attorney-in-Fact or Agent and revoke the power and authority given to him. BE IT FURTHER RESOLVED, that any two (2) of the following officers of the Company, viz: the President, any Vice President, any Assistant Vice President, Secretary, any Assistant Secretary, Treasurer and any Assistant Treasurer, shall have power and authority to execute on behalf of. the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, which the business of the Company may require; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of State Automobile Mutual Insurance Company at a meeting called and held on the 8th day of May, 1970: BE IT RESOLVED, that the signature of the President, any Vice President, any Assistant Vice President, Secretary, any Assistant Secretary, Treasurer, and any Assistant Treasurer and the Company seal.may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance, consent of surety or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. ~Jtl :J~itng;9 ~zrzof, the Company has caused these presents to be signed by its proper officers and its corporate seal to be hereunto affixed this 31st day of October , 19 95 STATE AUTOMOBILE MUTUAL INSURANCE COMPANY. Donald F. Mos~gat / ~ss' t Vice Pres. Stepher[ R. Moulton, Ass't Vice Pres. Form 18-C Cert. fTb0~ a-k Aa:zeN ~o ~ep q3§ s?ql 'o?qo 'snclwnloo le pelees pue peu§~ 'eOJOJ U? MOU eJe f~eLuolie jo JGMOd el~j u? i. jj.lOj les sjojgej.l(] jo pjl~Oj~ eq~ Jo su~lnloseJ:l eq.L ),eLp, 'eJOLLUeqPnJ, puc '.peMo^eJ ueeq lOU SeLl pug eoJoj IlnJ u? s!./~eLuolle jo J~JMOd J~U.lO~JO] E)LJl ll~L[J ~J?JJ~O ~CleJeq op 'uc~.iejodJoo ~LIO ue '~Je~JJOO eOL~Jnsul lenln~ eI.KlouJolnv elelS jo/ueleJoes ),ue),s.~v 'peu§~jepun eLI1 '1 gJ. VOIJIJ.U:IO · JepJo eH?l ~q 'A~^.rloedseJ 'seuJeu J.~ peu§.~ ~eql leql pu~ ~u~duJ¢O ~.es ~o sJoloeJ!a to pJeo~ eql lo JepJo ~q pex~e os SCM ~ leql :lees eleJocboo Lions s? lueuJru1$u? p?es eql ol pex~je ~s eql 1E~I~ './~usduJOO p!~x~ jo ~ eql MOU~/~eql leql '.lueLurulsu! ~^oqe eqi pelnoexe LIO.K~M pue U! peq.uosep ~ueduJC~ eql 'ANVd~NOO ~ON~I:JnSNI 'IYrLLn~N ~qlBOJNO.LrlV ~LV. LS to ~.loedseJ squ~p!sead e~t.A 3,L~g,~;I:. ScJ~r ~ eJ8/~LI1 1~ ~eS pl~ esodep ~p 'LLIOMS ~lnP ~XJ,I~CJ OLJM 'lJ/~OIJ)J ~ OJ.' euJ~ ~lleUOSJed euJ eJoieq '-~--6L "a~¢ ' uo~Inow a~qo3Do Jo A~P ~sIE s!ql uo 'NriNNV'd-I HO,',_LNnO0 :ss OIHO -I0 ~_¥.LS IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-03-845 ANSWER TO APPLICATION TO REOPEN AND AMEND THE PROBATE RECORD TO RECEIVE PROOF OF A LATER WILL FOR PROBATE TO: THE REGISTER OF WILLS: Katherine A. Kahn and Karen I. Kahn, by their attorney, Dale F. Shughart, Jr., Esquire, Answer the Application of Kenneth Kahn, aforesaid in response to the Citation issued~y_.the Register of Wills on March 4, 2004, as follows: ~ ~- C~ ~ 1 Admit ted. ~I~' ~ 2. Admitted. ~ 3. Admitted. 4. Admitted. 5. Admitted in part. Denied in part. It is admitted that the purported Will bears the date of November 30, 2003 and that the signature appears to be that of Irene Kahn. The remaining averments are denied. On the contrary, after reasonable investigation, Respondents are without knowledge or information to form a belief as to the actual date upon which the purported Will bearing a date of November 30, 2003 was signed. It is denied this document qualifies as a holographic Will which is a matter for legal determination to which no Answer is required. further Answer, the averments of Respondents' New incorporated herein by reference thereto. By way of Matter is 6. Admitted in part. Denied in part. It is admitted that two non-subscribing witnesses have identified the signature as that of Irene Kahn on the dates stated in their Affidavits. It is denied that this document qualifies as a Will, and which is a legal determination to which no Answer is required. By way of further Answer, the averments of Respondents' New Matter is incorporated herein by reference thereto. 7. Denied. On the contrary, it is believed and therefore averred that Irene Kahn was incompetent on November 30, 2003 and further she was subject to undue influence by Kenneth Kahn who was in a confidential relationship with her. By way of further Answer, the averments of Respondents' New Matter are incorporated herein by reference thereto. 8. Denied. On the contrary, by Order of Court dated October 21, 2003, Honorable George E. Hoffer issued an Order of Court, of record in this matter, appointing Kenneth Kahn as Emergency Plenary Guardian of the person and estate of Irene Kahn, for the emergency period of 72 hours plus an additional 20 days, a total of 23 days, which expired on November 13, 2003. a. Denied. The Respondents had no opportunity to respond to the Petition for appointment of an emergency guardian, and the proceedings before Honorable George E. Hoffer are of record in the matter. The averments of Respondents' New Matter are incorporated herein by reference thereto. b. Denied. The averments of Respondents' Answer to Paragraph 8a are incorporated herein by reference thereto. By way 2 of further Answer the averments of Respondents' New Matter are incorporated herein by reference thereto. c. Denied. The averments of Respondents' Answer to Paragraph 8a are incorporated herein by reference thereto. By way of further Answer the averments of Respondents' New Matter are incorporated herein by reference thereto. d. Denied. The averments of Respondents' Answer to Paragraph 8a are incorporated herein by reference thereto. By way of further Answer the averments of Petitioners' New Matter are incorporated herein by reference thereto. 9. Denied. The purported Will arguably bequeaths the decedent's worldly qoods (emphasis added) to Kenneth Kahn. Worldly goods in a Will refer only to personal property, not to real property. Black's Law Dictionary, Third Edition. The purported Will therefore creates an intestacy as to any real property owned by the decedent. By way of further Answer, the contents of the purported Will of November 30, 2003 speak for themselves and interpretation of their meaning is a question of law for which no Answer is required. 10. Denied. The purported Will does not designate Kenneth Kahn as beneficiary of any real property in the Estate of Irene Kahn. By way of further Answer, the provisions of Section 3155 of the Probate Estates and Fiduciaries Code speak for themselves and interpretation of their meaning is a question of law for which no Answer is required. 3 WHEREFORE, the Respondents, Katherine A. Kahn and Karen I. Kahn respectfully request the Register of Wills to deny the Application of Kenneth Kahn. NEW MATTER 11. The Respondents, Katherine A. Kahn and Karen I. Kahn are the adopted daughters of the decedent, Irene H. Johnson Kahn and the Petitioner, Kenneth Kahn. 12. During childhood the Respondents and their Mother were emotionally and physically abused by Kenneth Kahn. 13. Karen Kahn left home in 1976 at age 18, and has since resided out of state. She returned with her children to visit Kenneth Kahn several times. She also maintained contact with her Mother. Specifically, her Mother sent her cards, letters, birthday and Christmas gifts. Among items sent were specific instructions regarding items at her Mother's home, and she was provided a key to her Mother's apartment. 14. Katherine Kahn left home in 1981 at age 18. She made visits to both her Mother and Father soon after she left home. She continued to maintain contact with her Mother. Specifically, her Mother sent her cards, letters, birthday and Christmas gifts. Among items sent were specific instructions regarding items at her home, and she was provided a key to her Mother's Mother's apartment. 15. In Year 2000 Katherine Kahn began visiting her Mother in Newville yearly and maintained contact with her Mother throughout 4 the year. Katherine Kahn also maintained contact with her Father, Kenneth Kahn. 16. In 1981 after Karen and Katherine had both left home, Kenneth Kahn instituted divorce proceedings against Irene Kahn. Irene Kahn instituted Protection From Abuse proceedings against Kenneth Kahn. Those County, Pennsylvania. 1986. proceedings are of record in Cumberland Kenneth Kahn and Irene Kahn were divorced in 17. In 1991 Irene Kahn executed a Will prepared by an attorney which left her Estate to her daughters, the Respondents. A copy of this Will is available. 18. On June 25, 1996, Irene Kahn executed a new Last Will and Testament, before two witnesses, which has been admitted to probate. This Will is consistent with the Will of 1991 except for changing the Executor. 19. On June 30, 2003, Irene Kahn was seen by Dr. Jay Townsend who observed her to be alert and well in control of her finances and affairs of daily living. 20. On October 7, 2003, Irene Kahn was admitted to Carlisle Regional Medical Center with acute congestive heart failure and chronic respiratory failure. During this hospitalization, she was described as always being confused, was diagnosed with dementia, and placement issues were discussed by Medical Center staff with your Respondents. Arrangements were made to transfer Irene Kahn to the Dementia Unit at Swain Nursing Home, Green Ridge Village. --5-- 21. Specifically your Respondents visited their Mother at Carlisle Regional Medical Center and at Green Ridge Village. They also took steps to secure her apartment and protect her assets. Further, the Respondents retained Attorneys Patricia Brown and Jane Adams to represent them in initiating a Guardianship proceeding. 22. Prior to Irene Kahn's transfer from Carlisle Regional Medical Center to Green Ridge Village on October 13, in the process of organizing, protecting and preserving their Mother's assets, the Respondents observed that their Mother's assets had been dissipated through a series of cash withdrawals. The Respondents confronted their Mother who advised them this was cash money that she had given to Kenneth Kahn which he in turn gave to his girlfriend, Tracey Rhoads. Tracey Rhoads is a prior resident of Cumberland County, Pennsylvania, who now resides in Florida. She is approximately 39 years old and has been supported by Kenneth Kahn, as your Respondents discovered in early October, 2003, by money he received from their Mother (his former wife). 23. Your Respondents confronted Kenneth Kahn with these accusations, and he admitted that he had received the cash from their Mother and given it to Tracey Rhoads. At this point your Respondents broke contact with their Father. 24. sold his Kentucky. by At this time, in early October, 2003, Kenneth Kahn had farm in Cumberland County and purchased property in He was required to vacate his Cumberland County property December 31, 2003. Irene Kahn made statements to the --6-- Respondents advising them that Mr. Kahn was going to take her to Kentucky to live with his girlfriend and him. Prior to Mrs. Kahn's fall on October 7, 2003, neither she nor Kenneth Kahn mentioned that she would be moving or wanted to move to Kentucky with him. This fact is confirmed by the notes of her May 7 appointment with Dr. Jay Townsend. 25. On Saturday, October 18, your Respondents were advised at Green Ridge Village that Kenneth Kahn had initiated a Guardianship proceeding and a hearing was scheduled for Monday, October 20, 2003. They were not provided with copies of any legal documents, nor were they contacted by their Mother's court appointed attorney. They were unable to be present on October 20, 2003. 26. That hearing date was later changed from October 20 to October 21, 2003 with no Notice to the Respondents. 27. The Respondents' attorney, Jane Adams, did appear at the Guardianship hearing before Judge Hoffer on October 21. Attorney Jane Adams had in her knowledge the various information stated above which had been communicated to her by the Respondents. Nevertheless, Attorney Adams made no objection or statement of record which would place Judge Hoffer on notice that the representations of Kenneth Kahn and his attorney were disputed. 28. At the hearing the Court appointed counsel for Irene Kahn, Michael A. Scherer, Esquire stated as follows: Mr. Scherer: I am of the opinion that she is probably incompetent, Your Honor -7- The Court: But you want more time? Mr. Scherer: I would like to have a medical person tell me what their assessment is. She is aware of some facts and she seems sharp in areas, but then in other areas I have concerns. And with the doctors saying that she exhibits mild dementia and that he recently prescribed medication for alzheimers, I just .. The Court: Mr. Scherer: Okay. I am just not certain. 29. On October 21, 2003, Honorable George E. Hoffer appointed Kenneth Kahn as Emergency Guardian for the initial 72 hours and an additional 20 days, a total of 23 days. This Guardianship Order was in full force and effect until it expired on November 13, 2003. 30. The purpose for an emergency Guardianship is to provide a person with limited powers and tenure to act to avoid "irreparable harm to the person or the estate of the alleged incapacitated person" A Guardian who does more than authorized does so at his peril. Sauerman, incompetent, 7 Fiduc. Rep.2d 222 (Phila. 1987), annot. Fiduc. Rev, Sept. 1987, P.3. 31. By requesting and accepting appointment as a Guardian of the person and estate of his former wife, Irene Kahn, Kenneth Kahn assumed a confidential relationship to her which existed from October 21, 2003 until at least December 3, 2003. 32. By virtue of the confidential relationship which Kenneth Kahn, at his request, assumed to Irene Kahn, it is his burden to prove by clear and convincing evidence that the alleged change in her Last Will and Testament was not a result of undue influence by him. Kahn, 33. The following facts bear upon the conduct of Kenneth and his abuse of his Guardianship duties and responsibilities. 34. Upon Irene Kahn's admission to Green Ridge Village, Dr. Jeffrey Harris indicted in his admission note that she was to be seen by psychiatry. The proceedings before Judge Hoffer on October 21, 2003, clearly indicate that the purpose of the Emergency Guardianship was to enable a full evaluation of Irene Kahn's competency to be made. There is no indication that any evaluation of Irene Kahn's mental state was undertaken at the request of her Temporary Guardian, Kenneth Kahn. 35. Notes at Green Ridge Village indicate that on October 13, 2003 Irene Kahn was incapable of understanding her rights and responsibilities. 36. On November 3, 2003, Kenneth Kahn attempted to remove Irene Kahn from Green Ridge Village. Green Ridge Village would not allow her to be discharged without oxygen, which she needed for her medical condition. Kenneth Kahn made a scene and returned the following day. 37. On November 4, 2003, Irene Kahn was discharged to the care of her ex-husband. He took her to Kentucky. She was next seen by a medical professional at Elliott County, Kentucky Medical Center on November 7, 2003. She scheduled a follow up appointment on November 18, 2003 which was cancelled. According to Elliott --9-- County Medical Center records, the Elliott County Department of Protection and Permanency was contacted at this time because Kenneth Kahn would not authorize or release any previous medical records and refused to have oxygen delivered to the home, unless Medicare would pay for it. 38. On November 14, 2003, one day after his Guardianship Order expired, Kenneth Kahn transported Irene Kahn back to Cumberland County, Pennsylvania, at which time existing bank accounts which had been established, years before, in the names of Irene Kahn and her daughters, your Respondents, were cashed and the money redeposited at the Bank of Landisburg (which is the Bank of Kenneth Kahn) into new accounts, for which the Bank will not release information to your Respondents. 39. Irene Kahn was then admitted on November 21, to St. Clair Medical Center in Moorehead, Kentucky. It was noted in her medical records that the patient had not been given her medications by her ex-husband, that the ex-husband had refused to have oxygen delivered to the home and that the patient was dirty. There is a note in the medical records at St. Clair that Elliott County Department of Protection and Permanency was involved in the case. 40. Irene Kahn was admitted to St. Clair Regional Medical Center because due to a heart attack and a stroke, and was suffering from congestive heart failure and acute respiratory failure. During Irene Kahn's hospitalization at St. Clair, restraints were used due to confusion, marked agitation, and -10- cognitive impairment. 41. At the instance of Elliott County Department of Protection and Permanency, Karen I. Kahn was appointed Guardian for her Mother on December 3, 2003. 42. Kenneth Kahn attempted to have himself appointed Guardian of Irene Kahn in Elliott County, Kentucky, which request was refused due to his neglect and abuse of Irene Kahn, as documented in the records in Elliott County, Kentucky. 43. Irene Kahn died on December 7, 2003, due to chronic respiratory failure, chronic obstructive pulmonary disease, and myocardial infraction, congestive heart failure, dementia, anemia, metabolic acidosis, and severe aortic insufficiency. The medical condition of Irene Kahn which caused her death, is directly related to the neglect which she suffered at the hands of her ex-husband, Kenneth Kahn, in breach of violation of the duties and responsibilities he assumed as Emergency Guardian of her person. 44. Assets and Estate Planning of Irene Kahn, made prior to her dementia, and prior to the undue influence of her ex-husband, were disrupted and transfers made and allegedly new documents executed, which occurred by virtue of the undue influence of Kenneth Kahn in direct violation of the confidential relationship he assumed with his ex-wife, at a time when she was incapacitated. 45. A relationship between Irene Kahn and Kenneth Kahn was renewed when he began receiving loans and gifts from her on or about 1999, which increased over time, through his appointment as -11- Emergency Guardian and failure to have a complete evaluation of her legal capacity made, and his subsequent actions contrary to her physical and financial well-being, are an abuse of the confidential relationship, as well as an abuse of the Guardianship process. 46. The medical records of Irene Kahn from her initial hospitalization on October 7, 2003, through her death on December 7, 2003 are replete with references to her dementia, confusion, impaired decision making and child like behaviors. 47. The conduct of Irene Kahn, while suffering from dementia, in allowing, and indeed inviting, her ex-husband, to assume responsibility for her personal and financial affairs, is classic symptom of a victim/abuser relationship. 48. What happened to Irene Kahn's physical/mental and financial affairs as a result of the reinvolvement of her abusive ex-husband demonstrates, clearly, convincingly, and beyond any reasonable doubt that he willfully diverted her assets to himself and in fact due to his neglect of her medical condition caused her premature death. 49. The purported Last Will and Testament of Irene Kahn purportedly dated November 30, 2003, has been admitted to probate in Elliott County, Kentucky. 50. A Will Contest has been initiated in the Circuit Court of Elliott County, Kentucky by the Respondents, copies of which documents are attached hereto, made a part hereof and marked Exhibit "A". -12- 51. The evidence of Irene Kahn's deteriorated physical and mental condition after Kenneth Kahn removed her from Green Ridge Village on November 4, 2003 to her death on December 7, 2003, is best available in Elliott County, Kentucky. 52. A decision of the Elliott County, Kentucky Circuit Court in regard to the validity of the purported Will of November 30, 2003 of Irene Kahn will be entitled to full faith and credit by the Court of Common Pleas of Cumberland County, Pennsylvania. 53. Your Petitioners request the Register of Will to refuse to probate the Last Will and Testament presented by Kenneth Kahn and to defer to a decision of the Circuit Court of Elliott County, Kentucky. 54. Based upon the foregoing facts and circumstances, the Respondents further object to the appointment of Kenneth Kahn as administrator c.t.a, of the Estate of Irene H. Johnson Kahn. WHEREFORE, the Respondents request the Register of Wills in and for Cumberland County, Pennsylvania, to refuse probate of the purported Will dated November 30, 2003 and to defer to a decision of the Circuit Court of Elliott County, Kentucky, in regard to the validity of the purported Will. Respectfully ~tted, Dale F. Shughg~t~/ Jr.l Supreme Court ~I.~D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 -13- VERIFICATION Katherine A. Kahn hereby verifies that the facts set forth in the foregoing Answer to Application to Reopen and Amend Probate Record to Receive Proof for Later Probate are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: VERIFICATION Karen I. Kahn hereby verifies that the facts set forth in the foregoing Answer to Application to Reopen and Amend Probate Record to Receive Proof for Later Probate are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsif, ications. Mar-23-04 01:40P ROBERT W. MILLER Law Offices of ROBERT W. MILLER 210 East Second Street P.O. Box 357 Grayson, KY 41143 Associate REBECCA K. PHILLIPS Elliott Circui! Court P.O. Box 788 Sandy ttook, KY 41171 March 22, 2004 Telephone 606/474-7827 Telefax 606/474-4184 FiLt D Re: Kahn Estate ~uJorr~ ' / .... ~ Dear Clerk: J//~-~ ~.0. Please find enclosed a Complaint for filing on behalf of the Plaintiff} Karen and Katherine Kahn. Please issue all sure,nons to be served by certified ]nail as follows' 1. Kenneth Kahn Serve: Sand)' Hook, Kentucky Robert Caummisar Serve: 301 West Main Street Grayson, KY 41143 RWM:ats Sincerely Yours, l~oberl W. Miller enclosure Mar-23-04 02:27P P.02 COMMONWEALTH OF KENTUCKY ELLIOTT CIRCUIT COURT CASENO. OH- CI,-oo02o KAREN KAHN AND KATHERINE KAHN, V. KENNETH KAttN AND ROBERT L. CAUMMISSAR, PUBLIC ADMINISTRATOR OF THE ESTATE OF IRENE KAHN, DECEASED, PLAINTIFFS, DEFENDANTS. Notice is hereby given that the Plaintiffs, Kmherine Kahn and Karen Kahn, have filed a civil action in thc Elliott Circuit Court, which civil action contests and seeks to overturn the decision of the Elliot1 District Court ordering a document purporting to be a holographic will of Irene Kahn, deceased, be probated as the Last Will and Testament of Irene Kahn, deceased, said civil action also'seeks other relief regarding the estate of Irene Kahn, deceased. The Plaintiffs provide the following information in accordm~ce with KRS 394.240 and all other applicable law: 1. 'Fhe name of the Testator is Irene KaNt; 2. The style of the action is as set forth above; 3. The action has been filed in the Elliott Circuit Court; 4. The nature of the action is a will contest aclion seeking a determination that a certain document purporting to be a hand-written will be declared null and void and of no force or effect and other applicable relief; 5. The case number assigned by the Elliott Circuit Court Clerk is O't.:_C %--0 ooa; Nar-2~-04 02:27P P.03 6. The action was commenced on the 22nd day of Mm'ch.. 2004. Hon. Robert W. Miller Attorney for the Plaintiffs PO Box 357 Grayson, KY 41143 (606) 474-7827 Mar- 23 - 04 02:27P COMMONWEALTH OF KENTUCKY ELLIOTT CIRCUIT COURT CASENO. 0~- C[.-600~0 KAREN KAHN AND KATHERINE KAHN, V. COMPLAINT KE~ETH KAHN AND ROBERT L. CAUMMISSAR, PUBLIC ADMINIS'FRATOR OF THE ESTATE OF IRENE KAHN. DECEASED, FILED DE[MAINE O. Of CKER,.~, CLERK ELuorr CIRC. A~/DISTRICT COL~RT$ ~.- .. "g.- ' O.C. PLAINTIF;~/] DEFENDANTS. P.04 Come now the Plaintiffs, Karen Kahn and Katherine Kahn, by Counsel, and for their cause of action herein against the Defendants, Kenneth Kahn and Robert L. Caummisar, Public Administrator of the Estate of Irene Kaita, deceased, state as follows: COL~'T I 1. The Plaintiffs, Karen Kahn m~d Katherine Kahn, m-e the daughters of the Decedent, Irene Kahn, and the Defendant, Kenneth Kahn. 2. The Decedent, Irene Kahn, and the Defendant, Kenneth Kal-m, were formerly husband and wife, but such marriage was dissolved in 1985. 3. The Defendam, Robert L. Caummisar, is thc Public Administrator of the Estate of Irene Kalm pursuant to that appointment granted by the Elliott Dis'crier Court. The Decedent, Irene Kahn, died on December 7, 2003, in Elliott County, Kentucky. 5. On March 5, 2004, the Elliott District Court, Hon. Kiln I. Gevedon presiding, entered an Order which admitted to probate as the Last WilI and Testamcnl of Irene Katm that certain docmnent purporting to be the holographic Last Will and Testmnent of Irene Kahn, a copy of which is attached hereto and incorporated herein as Exhibit 1. Mar-23-04 01:41P P.06 6. The Plaintiffs, Karen Kahn and Katherine Kahn, assert that the aforesaid document attached hereto and incorporated herein as Exhibit 1 does not meet the statutory requirements ora valid holographic Will. Theretbre, said document should be declared null and void and held to be on no force and effecl. 7. Furthermore, at the time of the purporled execution of the document attnched herelo and incorporated herein as Exhibit 1, the Decedent, Irene Kalm, lacked the capaci~, necessa~ and required by law to execute a Will. Therelbre, said document should be declared null and void and held to be of no force and effect. 8. In addition, at the time of the purported execution of the document attached hereto and incorporated herein as Exhibit 1, the Decedent, Irene Kahn, executed said document, if' in fact she did execute said document, as a result of fraud, duress, coercion. and undue influence by the Defendant, Kenneth Kahn, which destroyed the free will and intent of the Decedent, Irene Kahn. Therefore, said document should be declared null and void and held to be of no force and effect. 9. Moreover, the Defendant, Kenneth Kahn, procured the execution of the document attached hereto and incorporated herein as Exhibit 1 by the Decedent, Irene Kahn, if in fact she did execute said document, at a time in which said Defendant was serving or purporting to serve in a fiduciary and/or confidential capacity with regard to the Decedent. Irene Kalma. Therefore, said document should be declared null and void and held to be of no lbrce and effect. 10. On June 25, 1996, the Decedent, Irene K'ahn. executed a Last Will and Testament, a copy of which is attached hereto as Exhibit 2, in the presence of two subscribing witnesses as well as a Notary Public. Such document attached hereto as Mar-23-04 O1:41P P.07 Exhibit 2 is, in fact, the actual Last Will and Testament of Irene Kahn and should be adjudicated as such. COUNT II I 1. The Plaintiffs, Karen Kahn and Katherine Kahn, restate, reassert, and reallege each and eyeD,' allegation stated in Count I above. 12. The Plaintiffs, Karen Kahn and Katherine Kahn, further allege that the Defendant, Ke~meth Kahn, willfully and intentionally interfered with the contractual relationships and business relationships of the Plaintiffs by using fraud, coercion, duress, and/or undue influence against the Decedent, h'ene Kal're. 13. The Plaintiffs, Karen Kahn and Katherine Kahn, additionally allege that the Defendant, Kenneth Kahn, willfiflly and intentionally interfered with the contractual relationships and business relationships of the Plaintiffs by an abuse of the fiduciary and/or confidential capacity he held or purported to hold with regard to the Decedent, Irene Kahn. 14. Specifically, tltrough his use of fraud, coercion, duress, and/or undue influence and through his abuse of his fiduciary and/or confidential capacity, the l)efendant, Kenneth Kahn, caused various certificates of deposit and/or other monetary holdings which had been held jointly, with rights of' survivorship, by the Decedent, Irene Kalm, and the Plaintiffs, Karen Kahn and Katherine Kahn, fbr many years, to be removed from the bank and deposited into certificates of deposit and/or other monetary holdings which were solely in the name of h'ene Kalm. 15. As a result of the malicious and intentional acts of the Defendant, Kenneth Kahn, as aforesaid, the Plaintiffs, Karen Kahn and Katherine Kahn, are entitled to Mar-23-04 01:42P P.08 judgment against said Defendant and an award of punitive damages and compensatory dm~ages in an mnount which exceeds that minimum amount necessary to confer jurisdiction upon this Court. WHEREFORE, the Plaintiffs, Karen Kalm and Katherine Kahn, demand judgment against the Defendants, Kenneth Kalm and Robert L. Caurnmisar, Public Administrator of the Estate of Irene Kahn, as lbllows: 1. That a Trial by Jury be conducted on all issues so triable; 2. That the certain document attached hereto and incorporated herein as Exhibit 1, which purports to be the holographic Last Will and Testament of Irene Kahn, be adjudicated to be null and void and of no force and effect; 3. That the Order of the Carter District Court probating that document attached hereto and incorporated herein as Exhibit 1 as the Last Will and Testament be set aside; 4. ]'hat the document attached hereto and incorporated herein as Exhibit 2, which was executed as the La,st Wilt and Testament of Irene Kahn prior to the purported execution of that document attached hereto as Exhibit 1, be adjudicated as the actual Last Will and Testament of Irene Kahn, deceased; 5. That in accordance with that document attached hereto and incorporated herein as Exhibit 2, the Plaintiffs be adjudged as the sole beneficiaries of the Decedent, Irene Kaita, and the recipients of her entire estate; 6. That the rights of the Plaintiffs to the Estate of Irene Kahn be protected and that any Orders of injunctive relief which may be necessa13., to protect the Plaintiffs' interests and to otherwise preserve the Estate of the Decedent or the interests of justice be entered; Mar-23-04 01:42P P.09 7. That the Plaintiffs be granted judgment againsl the Defendant, Kenneth Kahn, for damages, both compensatory and punitive, in an amount which exceeds that minimum amount necessary to confer jurisdiction upon this Court; and 8. That the Plaintiffs be awarded any and all relief to which they may appear to be entitled. ~W. Miller Hon. Rebecca K. Phillips Attorneys for Plaintiffs P.O. Box 357 Grayson, KY 41143 (606) 474-7827 TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the ~eal or.id Court atCacli~e PA..~ C~e~ of me o~nS ~un Cumberland ~un~ ~ EXHIBIT Mar-2~-04 01:44P Commonwealth of Pennsylvania, County of Cumberland, P.16 SS: ~ In Testimony X~,:here°f, I have hereunto set my hand: this Commonwealth of Pennsylvania, } " SS: County of Cumberland, 71, GEORG£ E.. I-IOFFER. President Judge of the Ninth Judicial District of Pennsylvani a, 'and Presiding Judge of the Courts of Common Pleas, Oqohans' Court, and Couri of Oum~er Sessions of lhe Peace, m and tbr tl:e County of Cumberland, do ce~ify thru Gienda Famer Slvasbau~ by whom due annexed rec. ord, ce~Xificme, and attestalion were made and given and who in his own proper handwriting ixas thereunto subscribed his name and affixed his official scM. was, at the time of so doing, and now is, Registcr of the Probate of Wills m~d Granting Letters of Administration, in and for the County of Cumberland, duly commissioned and qualified, to all whose acts, as such, tMll failh mad credil are and ought m be given, as well in ComXs of Judicature as eNewhere, and that the said record, ce~ifica~e, and attestation are m form of law and made by the proper officer. President Judge I, C._urti__2R. Lona Prothonotary of the Court of Conunon Pleas, in and for the County of Cumberland, do ce~i¢' that the Honorable George E. Holler By whom the fortoing attestation was made, was, al the time of makin2 thereof, and still is, President Judge of the Court of Common Pleas, O~kmns' Court, and Com~ Of Quaner Sessions of the Peace., in and for tt:e County of Cumber!and, duly con<nissioned and qualified to alt whose acts as such, full l~i4: and credit are and ough~ to be given as well in Com~s Judicature as elsewhere. In XVimess WheLeof, 1 have hereunto scl my hand and affixed the seal of the said Mar-2~-04 01:46P P.21 Mar-23-04 01:47P P.22 Mar-23-04 01:47P P.23 Mar-23-04 01:48P P.24 Mar-2~-04 01:48P P.25 Mar-23-04 01:49P P.26 NiJ ,AF~IAL SEAL ' JUDITH ANN VALENTINE Notary Public Iv ' Carlisle, Cumberand, Coun~, ~ly C~m~i~s~on Ex~es Nov. 12, 1998 IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-03-845 CERTIFICATE OF SERVICE AND NOW, this 24th day of March, 2004, I, Dale F. Shughart, Jr., Esquire, attorney for Katherine A. Kahn and Karen I. Kahn, Respondents, hereby certify that I have served a copy of Respondents' Answer with New Matter, by first class mail, postage prepaid, to: Patricia R. Brown, Esquire 10 West Pomfret Street Carlisle, PA 17013 Frederick I. Huganir, Esquire P. O. Box 308 Carlisle, PA 17013 e F~ g~ S~tr~e~! 3A5tt~.arsney ,I.D. #~373' Carlisle, PA 17013 (717) 241-4311 Suite 203 Attorney for Respondents Katherine A. Kahn and Karen I. Kahn IN RE: ESTATE OF IRENE H. : IN THE COURT OF COMMON PLEAS JOHNSON KAHN, DECEASED : CUMBER~NE~T~ ;~NNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-03-845 CAVEAT In the matter of the Estate of Irene H. Johnson Kahn, deceased, and in the matter of a certain writing dated November 30, 2003, offered to the Register of Wills of Cumberland County, Pennsylvania, for probate as the Will of said Irene H. Johnson Kahn, deceased. AND NOW, March 23, 2004, before probate, the undersigned, Katherine A. Kahn and Karen I. Kahn, by their attorney, Dale F. Shughart, Jr., Esquire, come before the Register and Object to the admission of the writing dated November 30, 2003 to probate and in support of this Caveat state the following Objections: 1. On the date of the alleged execution and prior thereto, Irene H. Johnson Kahn, was not of sound and disposing mind, memory and understanding. 2. Execution of the writing was obtained by fraud, duress, coercion and/or undue influence exercised by Kenneth Kahn who was in a confidential relationship with the decedent. 3. The undersigned Caveators are Katherine Karen I. Kahn, the only children of Irene H. Johnson Kahn, who died a single woman, survived by the Caveators and noi~%~r~e~hd are the sole beneficiaries of her Estate under her last Will~nd Testament dated June 25 1996 duly admitted to probate on January 12, 1996 and her sole intestate heirs. 4. The said writing dated November 30, 2003 has been offered for probate by Kenneth Kahn and by reasons thereof certain material questions are in controversy between Caveators and said Kenneth Kahn. (a) Whether at the time of the alleged execution of the writing Irene H. Johnson Kahn was of sound and disposing mind, memory and understanding; (b) Whether execution of the instrument was procured by the fraud, duress, coercion and/or undue influence of Kenneth Kahn; and (c) Whether Kenneth Kahn occupied a position of confidential relationship with Irene H. Johnson Kahn. 5. Kenneth Kahn, who has offered the writing for probate, has denied the above allegations. 6. All persons interested in the said Estate known to Petitioner are: Katherine A. Kahn, Caveator Karen I. Kahn, Caveator Kenneth Kahn 7. The averments of the Caveators' Answer and New Matter filed in response to the "Application to Reopen and Amend the Probate Record to Receive Proof of a Latter Will for Probate" filed by Kenneth Kahn on March 1, 2004 are incorporated herein by reference thereto as if set forth herein in their entirety. --2-- 8. The Caveators request the Register of Wills of Cumberland County, Pennsylvania, to establish a sufficient surety of not less than $500 nor more than $5,000 in accordance with Section 906 of the Probate Estates and Fiduciaries Code, to be filed by the Caveators within ten (10) days. WHEREFORE, Caveators respectfully request that the Register of Wills refuse to probate the writing dated November 30, 2003, presented by Kenneth Kahn, to establish the amount of a Bond to be posted by the Caveators in accordance with Section 906 of the Probate Estates and Fiduciaries Code, and to defer final decision in regard to the validity of the purported Will of November 30, 2003 to the Orphans' Court of Elliott County, Kentucky. Respectfully submitted, Dale F. Shughart~./~r. Supreme Court I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-03-845 CERTIFICATE OF SERVICE AND NOW, this 24th day of March, 2004, I, Dale F. Shughart, Jr., Esquire, attorney for Katherine A. Kahn and Karen I. Kahn, Respondents, hereby certify that I have served a copy of Respondents' Caveat, by first class mail, postage prepaid, to: Patricia R. Brown, Esquire 10 West Pomfret Street Carlisle, PA 17013 Frederick I. Huganir, Esquire P. O. Box 308 Carlisle, PA 17013 Attorney ~.D. 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Respondents Katherine A. Kahn and Karen I. Kahn VERIFICATION Katherine A. Kahn hereby verifies that she is the Petitioner in the within Caveat and the facts set forth in the foregoing Caveat are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. VERIFICATION Karen I. Kahn hereby verifies that the she is the Petitioner in the within Caveat and the facts set forth in the foregoing Caveat are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. _/ ESTATE OF IRENE H. JOHNSON KAHN, DECEASED : BEFORE THE REGISTER OF WILLS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO 21-03-845 : ORDER OF THE REGISTER OF WILLS AND NOW, this 25th day of March, 2004, having received the Answer to the Rule to Show Cause in which the Respondent made allegations that the decedent was under undue influence and lacked testamentary capacity at the time of the subsequent will, the Register of Wills of Cumberland County hereby denies the Petitioner's Application to Reopen and Amend the Probate Record to Receive Proof of a Later Will for Probate. Glenda Famer Strasbaugh, Regi~/of Wills Frederick I. Huganir, Esq. Dale F. Shughart, Jr., Esq. Patricia R. Brown, Esq. mw ESTATE OF IRENE H. JOHNSON KAHN, DECEASED : BEFORE THE REGISTER OF WILLS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO 21-03-845 : : ORDER OF THE REGISTER OF WILLS AND NOW, this 25th day of March, 2004, the Caveat filed by Katherine A. Kahn and Karen I. Kahn is hereby denied without prejudice due to the fact that the probate record was neither reopened nor amended. Glenda Famer Strasbaugh, Regi~ of Wills Frederick I. Huganir, Esq. Dale F. Shughart, Jr., Esq. Patricia R. Brown, Esq. mw IN RE: ESTATE OF IRENE KAHN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : 21-03-845 IN RE: APPOINTMENT OF EMERGENCY PLENARY GUARDIAN Proceedings held before the HONORABLE GEORGE E. HOFFER, President Judge, Cumberland County Courthouse, Carlisle,'Pennsylvania, on October 21, 2003, in Courtroom Number 3. APPEARANCES: FREDERICK I. HUGANIR; Esquire For Kenneth Kahn MICHAEL A. SCHERER, Esquire Court-appointed Counsel For Irene Kahn JANE ADAMS, Esquire For Kathy and Carolyn Kahn 1 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 October 21, 2003 4:30 p.m. THE COURT: What do we have, Mr. Huganir? MR. HUGANIR: Good afternoon, Your Honor. This is the time and place set for a hearing in the matter of a petition for appointment of emergency plenary guardian in the estate and person of Irene Kahn. This is [iled under 20 Pennsylvania Consolidated Statutes, Section 55i3. In this matter, Mr. Kenneth Kahn, ~ho is my client, is sitting here at the table, file'd a petition that he be appointed Irene Kahn's emergency plenary guardian. Irene Kahn is sitting in the back ' THE COURT: May I see the petition? MR. HUGANIR: Yes, Your Honor. Th~ only thing that is in the record is that petition, and'acceptance of service by Mr. Scherer, her court-appointed counsel, and your Order setting, moving it from yesterday to today. THE COURT: Is petitioner alleging !that she is mentally incapacitated? MR. HUGANIR: That is what the allegation was, Your Honor· We have met her for the first ti~e before court today, since she was spirited away by the parties daughters, who are not here today. MS. ADAMS: Your Honor, I am here on behalf of the two daughters. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Yeah. MS. ADAMS: I have been retained by Karen Kahn, who is the older daughter. MR. HUGANIR: Karen has not seen her mother in twenty years until this weekend. THE COURT: Well, is there anybody appointed to represent Irene Kahn in any purpose? here. anything. Your Honor. MR. HUGANIR: THE COURT: MR. HUGANIR: THE COURT: Yes, Mr. Scherer, and he is What? You appointed -- No, I mean as a guardian or MR. HUGANIR: MR. SCHERER: I'm sorry. Not that anybody is aware of, THE COURT: Well,' is there any testimony indicating from a medical source that Irene Kahn is incapacitated? MR. HUGANIR: Honor. We haven't had time for that. It's an emergency. She was taken to the Carlisle Hospital after she fell in a parking lot in Newville. She apparently didn't want to go, Not from a medical source, Your The police but she was taken there in an ambulance. insisted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 bit? Honor? THE COURT: Oh, all right. So, Ms. Kahn, Can you move up here a little MRS. KAHN: MR. SCHERER: R%ght here. THE COURT: Sure, certainly. Where do you want her, Your Do you have some questions to put to her about her competency, Mr. Scherer? MR. SCHERER: THE COURT: MR. SCHERER: Yes, Your Honor. What is your position? I would like for her to be examined by a physician, Your Honor, to determine, for the purposes of this proceeding. She has been examined because of a fall that she h~d. The doctor that she is treating with is Doctor Harris. He only began to treat hem in the springtime. So he is not overly familiar with her. And all he can tell me was that she exhibited some~mild dementia when he met with her and that they did recently prescribe Alzheimer's medication for her. handle on her overall competency. But he doesn't hage a He said he did a mini competency ex,am, and she was aware of some things, but unaware of others. And because he didn't know this lady very well, he wasn't able to determine whether she is incompetent or she had.injuries that resulted from her confusion, or she was just Placed in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the nursing home and he said that creates confusion. THE COURT: Well, is she resistin~ any appointment of anyone here? MR. SCHERER: She is very much in ifavor of having her ex-husband, the petitioner, appointed as guardian for her. THE COURT: And what is your assessment so far as to whether she can make that informed choice? MR. SCHERER: I am of the opinion that she is probably incompetent, Your Honor. THE COURT: Maybe. MR..SCHERER: I would like to have a medical But you want more time? person tell me what their assessment is. She is aware of some facts and she seems sharp in areas, but then in other areas I have concerns. And with the doctors saying that she exhibits mild dementia and that.he recently prescribed medication for Alzheimer's, I just -- THE COURT: Okay. MR. SCHERER: I am just not certain. THE COURT: Ail right. MR. HUGANIR: I think she will be glad to tell you what her feeling is about who should be appointed her guardian. I also point out, 20 Pennsylvania Consolidated Statutes, Section 5511, subsection (f), last 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sentence, that, if appropriate, the Court shall qive preference to a nominee of the incapacitated pers,on. Now, we are here on an emergency situation that is valid.for 72 hours, extended up to twentyI days. And the only person I think is appropriate is the person who has had a relationship with her since their divorce. ' It was, you know, almost twenty years ago. THE COURT: That is different than'what you just suggested about her nominee. different subjects. I see we have a nurse here. you from? up there? That is completely Nurse where are NURSE THOMAS: Green Ridge Village THE COURT: And Irene is a patient of yours NURSE THOMAS: Yes. THE COURT: Is anything contemplated to be changed in the very near future on that situation? NURSE THOMAS: Not that I am aware 'of. THE COURT: MRS. KAHN: THE COURT: Ms. Kahn -- Yes. -- do you want Kenneth Kahn to be appointed to run your business affairs, ma'am? ~ MRS. KAHN: Be my guardian. And I Want him appointed to look over all my matters, to be guardian. 6 I do 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not want, wish my daughters, Kathy Kahn or Caroly be my guardian'. MS. ADAMS: be appointed guardians. THE COURT: to do. I, Mr. Huganir? MR. HUGANIR: THE COURT: n Kahn, to And they are requesting that they Okay. Here is what we are going I don't have any Order in effect at the moment, do No, you don't, Your Honor. I will put the temporary Order in effect, and I will give you the 20 day Order on the temporary basis for Kenneth. Meanwhile, Mr. Scherer can look into this medical situation and see if Ms. Kahn is competent to make the choice that she has just indicated to me. MR. HUGANIR: medical records as well, Your Honor. THE COURT: Hand them up. MR. HUGANIR: I drafted it before today. I have a proposed Order for the If .I could dictate it, it is not quite the way I would want it. And it would read, the one I suggested is that AND NOW, this blank day of October, 2003, after hearing from Irene Kahn and Kenneth Kahn, and their respective attorneys, Michael Scherer, Esquire, and Frederick~Huganir, Esquire, it is hereby ordered that all employees of the Carlisle Hospital, also known as Carlisle Regional Medical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Center and Green Ridge Nursing Home, inclhding t~eir affiliates and resident physicians and Irene Kahn's personal physician are permitted to testify in thelabove-captioned guardian proceedings and release confidential and privileged mental health and medical information, an~ they are permitted and ordered to disclose those m!dical records and mental health records to Michael Scherer ~nd Frederick Huganir for use in these proceedings. By the Cour THE COURT: Well, that is one Order. MR. HUGANIR: That is the Order just to get the medical records. Already Green Ridge Villagelhas shown I understand that, but I We would also -- its reluctance to release that. THE COURT: Okay. don't have an Order here -- MS. ADAMS: appointment. THE COURT: -- a temporary 20 day MR. HUGANIR: No, I did nottprepare THE COURT: You prepare me such an ~Order and give it to me, and I will sign that tomorrow. And, meanwhile, move ahead on your medical stuff. Ms. Kahn sounds perfectly fine to m!e to make a choice right now, but I don't know very ~uch about this. MR. HUGANIR: Your Honor, may we have a 72 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hour order? THE COURT: I will give you a 20 day order. (The following Order was e6tered.)l AND NOW, October 21, 2003, I find Ithat Irene Kahn is an incapacitated person and Kenne h Kahn is appointed emergency plenary guardian of t e person and the estate of Irene Kahn. Furthermore, upon the request of cQunsel for Kenneth Kahn, and counsel for Irene Kahn aving waived prior notice as may be required under the statute applmeable herein, the appointment of Kenneth Kahn as' emergefcy plenary guardian of the person and the estate is extended for an additional period of twenty days. By the Court /s/ George E (Whereupon, the proceeding concluded at 4:40 p.m.). Hoffe~ , P.J. was 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION d I hereby certify that the ~rocee ~ngs are contained fully and accurately in the notes take by me on~ the above cause, and that this is a corre.t translcript of same. ~ The foregoing record of the proceedings on the hearing of the within matter is hereb! approved and directed to be filed. N~th Judicial District 10 CLAIM NO... ......,........................,......o.. o o,.. o.o. · ESTATE OF Deceased Irene Kahn Notice of claim by... Continuing Care Rx, Inc ................................................... :~i '"' ~'..'" ...... · .. · In the amount of $ ...... 353.05 ................................. '- ~.-,.., filed- pursuant to Section 3384, Probate, Estates and Fiduciaries Code · Laws of 1972, Act No. 164 effective July 1, 1972, as amended. Name and address of Attorney: Patricia R. Brown, Esquire 10 W. Pomfret St. Carlisle, PA 17013 ESTATE OF Irene Kahn CLAIM 21-03-845 Notice of claim by .......... Continuing Care Rx, Inc. of$ ......... 353.05 ......................... Filed pursuant to section 3384, Probate, Estates and Fiduciaries Code Laws of 1972, Act. No. 164, effective July 1, 1972, as amended: Date ......April 6,2004 ................................... TO THE CLERK OF THE COURT DIVISION: Enter the claim of.Continuing Care Rx, Inc. 5775 Allentown Blvd .... Suite 101 Harrisburg, PA 17112 ...................... (claimant) in the amount of $ Three Hundred Fifty Three Dollars and Five Cents ........................ :i.; ',.~ ...................... ~! ........ against the above entitled Estate. The decedent, who resided at...Green Ridge Village... ~"' ....................... '. '.' ........ (add?~) 210 Big Spring Rd. Newville, PA 17241 died on ......November 4, 2003 ............................................... (date) Written notice of said claim was given to ................... Patricia R. Brown (personal representative or his counsel) at ...... 10 W. Pomfret St. Carlisle, PA 17013 ............................................. April 6,2004 (address) The basis of aforesaid claim is as follows: (Itemize fully to enable personal representative to make proper investigation). CCRx supplied medications to Irene Kahn while she was a resident at Green Ridge Village. Complete bill is attached. (date) Claimant's counsel Robin M. Golberg (name) 5775 Allentown Blvd. Suite 101 Harrisburg, PA 17112 (address) Continuing Care Rx, Inc. (claimant) 5775 Allentown Blvd Suite 101 Harrisburg, PA 17112 (address) **STATEMENT** Statement Date: 11/30/03 Page: I Account #: 100018196 GRE IRENE KAHN KENNETH KAHN 489 BIG SPRING ROAD NEWVILLE, PA 17241 If you have any questions regarding your bill please call (717) 567-2147 or 1-800-675-2279. Thank you! Date Description Qty 11/01/03 RF 1880628 FUROSEMIDE 80MG TAB 30 11/01/03 RF 1880629 ASPIRIN 81MG CHEW TAB 30 11/01/03 RF 1880630 LISINOPRIL 5MG TABLET 30 11/01/03 RF 1882103 REMINYL TABS 4MG 60 11/01/03 RF 1885192 ZYPREXA2.SMG TAB 30 Amount 15.54 1.95 29.71 145.57 160.28 Ending balance - Pay this amount ......... > 353.05 Past Due Past Due Past Due Current 31-60 days 61-90 days 90+ days 353.05 .00 .00 .00 Please cut here and remit this portion with payment '04 /ti'~[~ ] 9 :paso~oua ~unomv NAW~ ~N~SI :amen ~0'£~I :aDu~I~q 6ulpu~ HHD 96181000I :# ~unooD~ 5S£ XO~ Oa/ &S GN~ S 8~ XtI HH%fD DNIflNI//~OD :o~ ~maH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21- 03 - 845 IN RE: EST A TE OF IRENE JOHNSON KAHN (Deceased) APPEAL FROM DECREE OF REGISTER - 20 Pa.C.S. &908 TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY: The undersigned hereby appeals to the Orphans' Court Di vision of the Cumberland County Court of Common Pleas, from the following decisions of the Register of Wills in the above-captioned Estate. 1. The Register's decree of March 25, 2004: a. Failing to reopen the record; b. Failing to receive proof of a later Will for probate; c. Failing to grant letters to Kenneth Kahn; and d. Denying the relief requested in Petitioner's Application to Reopen and Amend the Probate Record to Receive Proof of Later Will for Probate - 20 Pa.C.S. &3138. 2. The Register's refusal to: a. Allow petitioner to respond to or receive a copy of Respondents' Answer and New Matter filed March 24, 2005, before issuing said decree on March 25, 2004; or 0:'/ t~~A~~I~aJ'1~,lIA!Jg to hear evidence on the issues raised in the aforesaid - "':1":':,' ,,>,,"..:,~~iC;~:j'O AoolicafiM, Answer and New Matter. '''';1 .,', '-0 '0 /./ '-- \~ \r 3. The Register's admission to probate of a writing dated June 25,1996, and granting letters testamentary to Katherine A. Kahn based thereon. HUGANIR LAW OFFICES rederick I. Hugan' , 36 S. Hanover St. P.O. Box 308 Carlisle, PA 17013-0308 717-249-6272 /( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21- 03 - 845 IN RE: EST A TE OF IRENE JOHNSON KAHN (Deceased) SUR: APPEAL FROM DECREE OF REGISTER 20 Pa.C.S. ~908 CERTIFICATE OF SERVICE I hereby certify that I have this date mailed a copy of the Appeal from Decree of Register - 20 Pa.C.S. ~908 as follows: Patricia R. Brown, Esq. 10 West Pomfret St. Carlisle, PA 17013 Dale F. Shughart, Jr. 35 West High St., Ste 203 Carlisle, P A 17013 HUG}.IYLA W OFFICES '" March 22, 2004 I B y.'Frederick I. Vttorney for Ke 9Z :8 77 v'-, v Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/01/2005 BROWN PATRICIA R 10 WEST POMFRET STREET CARLISLE, PA 17013 RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS. COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2005 Your prompt attention to this matter will be appreciated. Thank You. A:i cerely, ,. ,. ! t./k . 'h' ~''''''"., .' ;",,,,.,:,i././z,.~~J. Ld_ "'J<A," ",-,d-, ,.,"-~' --0- GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge V1; Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/15/2005 KAHN KATHERINE A 171 SOUTH STREET 1R NORTHHAMPTON, MA 01060 RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~A~~ REGISTER OF WILLS cc: File Counsel Judge j,'~"" (,~, l~ '''} {~('~i)c\ {\1 r)J ~ ~ _. ._~ ~_"l_ ___ j~\.{~~I!_::;; 1~.:t:;lr '--' 'L_'iGil0l.~~\J- STATUS REPORT Ul'JDER RULE 6.12 Name of Decedent: ,~;1U-1L H. ~hI'1C}OI1 ~ h '\ Date of Death: -1~_Q~ "', ~ C n (1/-- Estate No.: J..(jO ~.- 10 -0 ;) o Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether ar;t~istration of the estate is complete: Yes n No E.1 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Jo/~/,;J.(/or;. 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: C. Did the personal representative state an account infonnally to the p8rties in interest? Yes 0 No 0 c. Copies or receipts, releases, joinders and approval of fonnal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: Ja./';/{JI(~' , ( ~4~ Signature ~-Ij,trl/1'f -4. J;::;f/l Name 1'7 I S{JI/I-h 5f~-l II( .MwL/1df'YIplcl'>1 J1fJ (}It'~t) Address..-- - . /' /-1 ~ l.n ,//3 -5J-S--f/Jb Te1ep11Gne }~c ~ .'- (L Capacity: ')8. Pe;'::;0"a: I',eFese,-:.t2.t:7e o C,):2:'"'~s~l f.-:'24 pe!"SO!l8.l rep:-eSerlt2~tive ~D I ,~ ., C~;, \1.1 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/30/2006 BROWN PATRICIA R 354 ALEXANDER SRPING RD SUITE 2 CARLISLE, PA 17015 RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~.tIL~~ 'J Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland. county - Kegls-cer VL VV.LL.J..i:> One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/30/2006 KAHN KATHERINE A 171 SOUTH STREET 1R NORTHHAMPTON, MA 01060 RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. s;;:;:~~u~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel TI -;TI _.1\. __,_~ _.....t:..-:rAT..;"'i!.il_ _..f: ~.....----.~ ~ ......."""")il._'""_.,.3 ri-...':'1""l~..!:1-- !l'''-''C:t;!c::si(It;[ Uil 'If"llLlLJLe 'U!l '0tUillJUliUiltll JlaJUiU -VUllUl-Jil1U.Y STATUS REPORT UNDER RULE 6.12 Name of Decedent: :I V'L-lIlL :J iih"su"" I!A i,v,- Date of Death: 1 t..- \ "I I '2-U C ~ / Estate No.: '::+ 0 c -:z,- c: 0 '-5 '-f~ o Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes n No s;l 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: }~~ fI"" I->e1 "l.cc7 3. lfthe answer to No.1 is Yes, state the following: a. Did the personal representative file a fmal account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval offormal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ~." /klA5t~ u (?~-<-/- Signature /<c;-IhC<7I!1f' /1 /t:AA Name Date: 12/ '( I c:lr P t/ Ij,,~ Address ~-5 &o/~)r;t'u I / /1-1/1 (1/() I J... f'O '::: \J\i'-!--!~":O "-)1:'-,, i'....JU \" '3""" /:U l~) LjI"S-~"iis --C.}S-c Telephone No. 9 tl :21 ~ld L - J:3D 9UOZ .,...., . n D___~.....,..__r.1 -p.~_.....,c>~.......~....,..,,4-";"-T""'" ,,-,apacity: .Ll 1. Cl ClVl..I.a.l. ..I..".............tJl"';:,CU...a......... ~ o CO'.l-:2sel f,)T perso!lal represent8.tive Pa O.c. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: IRENE H. JOHNSON KAHN Date of Death: December 7, 2003 File No. 21-03-0845 Pursuant to Pa.O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: ? o Yes~ No 2. If the answer is NO, state when the personal representative reasonably believes that the administration will be complete: litigation proceedings 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? ........................................................ 0 Yes ~ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ........................ 0 Yes ~. No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of Orphan's Court and may be attached to this report. Date: 1/5/07 yO~. Yf ~ Signature of person filing this form Capacity: 0 Personal Representative ~Counsel , ""In" t : 1'-. uV'1. .J \la ~. .:~-; JUO I'Y-'.U- II ~.\\\\JHcJO .l..t I: \ ....) ',-" ~ '- ' ,r \:U-:l'lJ :~!\,.J /iU ' SALZMANN HUGHES PC Patricia R. Brown, Esquire Name (please type or print) 354 Alexander Spring Road, Suite 1 Address Carlisle, P A 17015 City, State, Zip (717) 249-6333 Telephone Number 9 i : \ Hd S- H~r lBGZ ~ Estate of Irene H. Johnson Kahn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA l~ C;) f -- l."': (~ C'.J ~:: : ~- ORPHANS' COURT DIVISION C) NO. 21-03-0845 -'" c'") :;:~--!I PETITION TO REVOKE LETTERS TEST AMENT ARY PURSUANT TO 20 PA CONS. STAT. S 3181 ~-'( -.1 (..I": TO GLENDA FARNER STRASBAUGH, REGISTER OF WILLS: The petition of Katherine A. Kahn respectfully represents that: (1) Irene H. Johnson Kahn ("Decedent") died December 7, 2003, leaving a Last Will and Testament dated June 25, 1996, and letters testamentary thereon were granted January 12,2004, to petitioner, Katherine A. Kahn, by the Register of Wills of Cumberland County, Commonwealth of Pennsylvania. (2) Petitioner is a party in interest in the estate of Decedent, the executrix appointed and a daughter of the Decedent. (3) Petitioner has determined Decedent was a resident of the County of Elliott, Commonwealth of Kentucky at the time of her death and upon agreement of the parties in interest (a copy of which is attached as exhibit "A"), the Last Will and Testament executed by the Decedent, Irene H. Johnson Kahn, dated June 25, 1996, was adjudicated to be admitted for probate under an order of court from Elliott Circuit Court Judge, the Honorable Samuel C. Long, Commonwealth of Kentucky, dated June 7, 2006, a copy of which is attached hereto as exhibit "B". ~ (4) 20 PaC.S.A. ~ 3131 provides that a decedent's Last Will and Testament shall be probated in the county in which the decedent was domiciled, if a resident of the Commonwealth of Pennsylvania, or in any county in which the decedent's property is located if not a resident of Pennsylvania. (5) The Decedent resided in the Commonwealth of Kentucky at the time of her death. (6) The Decedent owned no property in Cumberland County, Pennsylvania at the time of her death. (7) It is improper for Decedent's estate to be probated in Cumberland County, Pennsylvania. WHEREFORE, petitioner requests that the Letters Testamentary granted and issued by the Cumberland County Register of Wills Office, Carlisle, Commonwealth of Pennsylvania, on January 12,2004, to Katherine A. Kahn as Executrix of the Last Will and Testament ofIrene H. Johnson Kahn executed June 25, 1996, be vacated and removed from probate. Said original Last Will and Testament dated June 25, 1996, is to be transferred to the Elliott District Court of the Commonwealth of Kentucky in accordance with the Agreed Order issued in the Elliott Circuit Court, Commonwealth of Kentucky, Case No. 04-CI-00020, dated June 8,2006. 2 Dated~~ 9/ 2-007 Respectfully submitted: By "-P~ '7f-l~) Patricia R. Brown, Esquire SALZMANN HUGHES, P.c. 354 Alexander Spring Road, Suite 1 Carlisle, P A 17015 (717) 249-6333 Supreme Court #27474 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Katherine A. Kahn, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and correct to the best of her knowledge, information and belief. ~~~ KATHERINE A. KAHN Sworn and subscribed before me this ~ day of Feemttry, 2007. ~...C.A... ~ C.~A"'- Notary Public \ \ \.\ H " ~I ~ "~I>-~'~:", 4/~// , ,"Oll-MISs/O", OL.,'/ .::::- .:i..v:<-~MB~-'9'lt.~-:;. - .~,<~ ~ ~~'. -z.- - * : J/ . .. . '1)'. - = :. j; h ~:D~ = - . -z. II c:, fJ1: - _ o.~ .- ,.,... 0....." :- ,/~~1;,"~}- pue\.\~"" * '" //U'.s-01l1.i...... o~ " /1"1CDEAL~e. " /1 "USEI ," \\ 1"1\\\\ 4 SETTLE~1ENT AGREEMENT This Settlement Agreement is entered into by and between Karen Kahn and Katherine Kahn (hereinafter referred to as the Parties of the First Part) and Kenneth Kahn (hereinafter referred to as the Party ofthe Second Part); WHEREAS, a dispute exists with regard to the disposition of the Estate of Irene Kahn and the property of Irene Kalm as a result of the existence of two documents purporting to be the Last Will and Testament of said Irene Kahn; WHEREAS, the Parties of the First Part are the beneficiaries of the Estate ofIrene Kalm and the property of Irene Kahn under that document purporting to be the Last Will and Testament of Irene Kahn which was executed on June 25, 1996, and which has previously been admitted to probate in the state of Pennsylvania; WHEREAS, the Party of the Second Part is the beneficiary ofthe Estate ofIrene Kalm and the property of Irene Kalm under that document purporting to be the Last Will and Testament of Irene Kahn which was executed on November 30, 2003, and which has previously been admitted to probate in the state of Kentucky; and WHEREAS, the Parties wish to resolve all issues regarding the disposition of the Estate of Irene Kalm and the property of Irene Kahn by agreement, WHEREFORE, the Parties hereto have agreed as follows: 1. In consideration of the sum of Fifteen Thousand Dollars ($15,000.00) to be paid by the Parties of the First Part to the Party of the Second Part, the Party of the Second Part hereby releases, relinquishes, and waives any and all right, title, or interest which he has or which he may have had in and to the Estate of Irene Kalm and the Karen Kahn, the Executrix nominated in the Last Will and Testament of Irene Kahn executed on June 25, 1996, shall serve, subject to the approval ofthe Court, as the Personal Representative of the Estate of Irene Kahn. Accordingly, the Party of the Second Part shall execute, through counsel, any documents necessary to effectuate the appointment of Karen Kahn. 5. Any property encompassed within the Estate of Irene Kahn, specifically including, but not limited to, any and all monies, personal items, and furnishings of Irene Kahn, which are in the possession of or the control of the Party of the Second Part shall be surrendered by the Party of the Second Part to the Parties of the First Part. 6. As the Party of the Second Part hereby releases, relinquishes, and waives any and all right, title, and interest which he may have had in the Estate of Irene Kahn and in the property ofIrene Kahn, specifically including those certificates of deposits and/or monetary holdings held by the Decedent, Irene Kahn, and the Parties ofthe First Part in survivorship until shortly before the Decedent's death, the Parties ofthe First Part hereby release, relinquish, and waive any claim or cause of action which they may have had against the Party of the Second Part for the intentional interference with the contractual relationships and business relationships of the Parties of the First Part with regard to said certificates of deposits and/or monetary holdings as well as for the abuse of a confidential or fiduciary relationship as asserted in the Complaint filed in Elliott Circuit Court Case Number 04-CI-00020. 7. By their signatures affixed hereto, the Parties agree that the settlement reached herein constitutes a settlement of not only those issues raised in Elliott Circuit Court Case Number 04-CI-00020, but also a settlement of any and all other issues, claims, and causes property, both real and personal, of Irene Kahn (specifically including that property, both real and personal, which the Party of the Second Party may have transferred to himself pursuant to an Order of Guardianship, if any, and specifically including that property, both real and personal, which the Party of the Second Part may have taken possession of or control of with the purported consent ofIrene Kahn, if any) whether such property is in the state of Pennsylvania, the state of Kentucky, the state of Nebraska, or any other state, with such release, relinquishment, and waiver by the Party of the Second Part encompassing all claims asserted by the Party of the Second Part and all claims which could have been asserted by the Party of the Second Part to the Estate ofIrene Kahn and to the property of Irene Kahn. 2. The Parties agree that the document purporting to be the Last Will and Testament of Irene Kahn, which was executed on November 30, 2003, shall have no legal effect, and the Parties agree to execute, through counsel, an Agreed Order vacating and setting aside the Orders of the Elliott District Court which admitted such document to probate as the Last Will and Testament ofIrene Kalm. 3. The Parties further agree to execute .an Agreed Order adjudicating that document executed by Irene Kahn on June 25, 1996, which has previously been admitted to probate in the state of Pennsylvania, as the Last Wili and Testament ofIrene Kahn and directing that such Last \Vill and Testament be tendered to the Elliott District Court and admitted to probate as the Last Will and Testament ofIrene Kalm. 4. While Hon. Robert L. Caummisar was previously appointed by the Elliott District Court as the Public Administrator of the Estate of Irene Kahn, the Parties agree that the Public Administrator shall be relieved, subject to the approval of the Court, and of action concerning the Estate of Irene Kahn and the property of Irene Kahn vvhich have been asserted or which could have been asserted by either the Parties of the First Part or the Party of the Second Part in the state of Kentucky, the state of Pennsylvania, the state of Nebraska, or any other state. 8. This Settlement Agreement is to be governed by the laws of the state of Kentucky. 9. The invalidity, illegality, or unenforceability of any provision of this Settlement Agreement shall not affect the validity, legality, or enforceability of any other provision of this Agreement. 10. This Settlement Agreement constitutes the full and final agreement between the Parties, with no other agreement, either written or verbal, being relied upon. 11. By their signatures affixed below, the Parties state that they have reviewed this Settlement Agreement prior to executing same and that they have had a full . opportunity to discuss the contents of this Agreement with legal counsel prior to execution. 12. The Parties agree to execl,lte any and all other documents necessary to effectuate the tenus and conditions of this Settlement Agreement. SIGNED: d;-~ J(AREN KAHN / ".party of the First Part AdX0~ KATHERINE KAHN Party of the First Part SIGNED: ~~ KENNETH KAHN -- Party of the Second Part STATE OF MICHIGAN COUNTY OF tJ/lJrtIlPD I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing Settlement Agreement was produced before me in my County and State as aforesaid by KAREN KAHN and was by her before me signed, sworn, and duly acknowledged to be her free act and deed. t?J This / J ~day of YjVel7JBe72 ,2005. My commission expires: OF --() 3 -0 2? M.J.~ NO; f.Rf pUBUC 0Al<1JH) CO.. Ml MY OOMMISSlON EXPIRES .l'ilug 3, 2000 ST ATE OF Mi1SACHUSETTS COUNTY OF . 1J(Yl1JS/t""r i!- f I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing Settlement Agreement was produced before me in my County and State as aforesaid by KATHERINE KAHN and was by her before me signed, sworn, and duly acknowledged to be her free act and deed. This J f A day of AJ or/eM her ,,~005. MARIO ~ I I' . N C. WALSH ,i,\); iJ' Notary Public II \ 'I~'! uommonwcalttl at Ma<sJchI1co'1c .1... t,ill I",' " . "':- '.-''-'''< v , ' slon t:xpl~es ,v1erCf1 6, 20C9 STATE OF KENTUCKY COUNTY OF ROWAN I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing Settlement Agreement was produced before me in my County and State as aforesaid by KENNETH KAHN and was by him before me signed, sworn, and duly acknowledged to be his free act and deed. This c?%tt day of Uc+ohe.(/ ,2005. My commission expires: /0/6/ g- I ~~ Notary Public COM~IONWEAL TH OF KENTUCKY ELLIOTT CIRCUIT COURT CASE NO. 04-CI-00020 ENTERED Jut( B !It. KAREN KAHN AND KATHERINE KAHN, ,o~.; I r"'ASiRICT COllR"7S ,,,I(.T! C" ," ',I.,!I", _.oe. :;rt~ ...__--'... -~.- PLAINTIFFS, VS. AGREED ORDER KENNETH KAHN AND ROBERT L. CAUMMISAR, PUBLIC ADMINISTRATOR OF THE ESTATE OF IRENE KAHN, DECEASED, DEFENDANTS. With an agreement having been reached herein which is more specifically set forth in the Settlement Agreement executed by the Parties, and with the Court being otherwise fully and sufficiently advised, it is hereby ORDERED and ADJUDGED as follows: 1. The Orders of the Elliott District Court admitting to probate as the Last Will and Testament of Irene Kahn that handwritten document tendered by the Defendant, Kenneth Kahn, which was executed by the Decedent, Irene Kahn, on November 30, 2003, shall be and hereby are V ACA TED and SET ASIDE. 2. The aforesaid handwritten document executed on November 30, 2003, which purports to be the Last Will and Testament of Irene Kahn, shall be and hereby is declared INV ALID, and such document shall be given no legal effect. 3. That Last Will and Testament executed by Irene Kahn on June 25, 1996, which has previously been admitted to probate in the state of Pennsylvania, shall be and hereby is ADJUDICATED as the Last Will and Testament of Irene Kahn, and such document shall be tendered to the Elliott District Court and admitted to probate as the Last Will and Testament of Irene Kahn. 4. Upon admission to probate of that Last Will and Testament of Irene Kahn executed on June 25, 1996, the Executrix nominated therein shall be ap!=,ointed as the Executrix of the Estate ofIrene Kahn, and the Public Administrator previously appointed for the Estate of Irene Kahn shall be relieved. 5. This action shall be and hereby is DISMISSED, with prejudice. This the 7 day of ---. ~j\.1 /vc. ,2006 (" 1 (...."-,~ '.../ + --' ~ --- .\' r ~\.~----n ~. ,L')IV\k?\ ~ Hon. Samuel C. Long, Judge ,j Elliott Circuit Court REVIEWED AND AGREED TO BY: ~ Hon. Earl Rogers, III Attorney for Defendant, Kenneth Kahn '- ENTERED A0rD COPIES TO: Hon. Rebecca K. Phillips P.O. Box 357 Grayson, KY 41143 Hon. Earl Rogers, III 154 Flemingsburg Road Morehead, KY 403:51 Hon. Robert 1. Caummisar 301 \V. Main St. Grayson, KY 41143 Thisthe g+h daYOf~ ,2006. Delmaine Dickerson, Elliott Circuit Clerk BY:~ryY\~ CfQ~ ,DC 1 heNClr ~ ht bregotng 10 btt . tlUt copy sa ft'aed Wl11'1e ....a....-. . .~ Co v..~ of tn. ~ . CtrcuJt Clef!< 7S'+h ~ my hand e'l'ld ~eal W1iG . <lily 01 ~ ,20 Q.k ~=~~~.Cjefk ~~ W1)A}'U DC, BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF IRENE KAHN, DECEASED NO 21-03-0845 CERTIFICATION OF RECORD TO COURT AND NOW, this 16th day of March, 2007, upon consideration of the Petition to Revoke Letters Testamentary filed by Patricia R. Brown, Esquire on behalf of the Petitioner, Katherine A. Kahn, the record is hereby certified to Court. 0:> !..f) Cf'l ~ \.D c:::. ~:: ::;;C L,.' <_ o;:c<. ry.~ C5 r- = c? (,"'-.1 BY THE REGISTER OF WILLS, GI~=~ ~ ..{J- ~\ ESTATE OF IRENE H. JOHNSON KAHN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 21-03-0845 ORPHANS' COURT ORDER OF COURT AND NOW, this ~day of March, 2007, on a petition to revoke letters testamentary, and on a certification of the record by the Register, IT IS ORDERED that a citation shall issue by the Register of Wills to Katherine A. Kahn to show cause why letters testamentary granted and issued to her should not be vacated and removed from probate. Rule returnable at a hearing in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1 :30 p.m., Monday, May 7, 2007. Patricia R. Brown, Esquire For Katherine A. Kahn ~..<, C..:J <.::.:::.) --.J C) So - -.:n ~~ ~-) so :sal :.'-~ :p ill - ::;;. C5 .+:'"" -..I ~v 1 - ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ESTATE OF IRENE H. JOHNSON KAHN CUMBERLAND COUNTY PENNSYLVANIA NO. 21-2003-0845 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 03/19/07 JUDGE'S INITIALS: EBB TIME STAMP DATE: 03/19/07 IN RE: ORDER OF COURT SERVICE TO: PATRICIA R BROWN ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ D PETITIONER ~ mDGE D CLERK OF ORPHANS COURT MAILED: 03/19/07 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR o HAND DELIVERED D OTHER_ D PETITIONER D mDGE D CLERK OF ORPHANS COURT MAILED: Jf#ffi ? Deputy Clerk of Orphans' Court CITATION Office of the Register of Wills Cumberland County, Pennsylvania IN RE: Estate of Irene H. Johnson Kahn, Deceased 21-03-0845 COMMONWEAL TH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND TO: Katherine A. Kahn GREETINGS: AND NOW this 19th day of March, 2007, the Clerk of Orphans' Court of Cumberland County issues this citation upon Katherine A. Kahn to show cause why letters testamentary granted and issued should not be vacated and removed from probate. Rule Returnable at a hearing to be held in Courtroom 2 of Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, May 7, 2007 at 1:30 p.m. C) c;O :'lJ .j:?0 ~~: f-r - ~~:3~~ .:........) C'..::) c:::> --' :J1: :~~ :::;0 \.0 -u -""- o o ~u ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ESTATE OF IRENE H. JOHNSON KAHN CUMBERLAND COUNTY PENNSYL VANIA NO. 21-2003-0845 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 03/19/07 JUDGE'S INITIALS: EBB TIME STAMP DATE: 03/19/07 IN RE: CITATION SERVICE TO: PATRICIA R BROWN ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: D PETITIONER IZI JUDGE D CLERK OF ORPHANS COURT IZI USPS DRRR D HAND DELIVERED D OTHER_ MAILED: 03/19/07 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: A~~ Clerk of Orphans' Court IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-845 CERTIFICATE OF SERVICE AND NOW, this 25th day of April, 2007, I, Dale F. Shughart, Jr., Esquire, attorney for Katherine A. Kahn, Petitioner, hereby certify that I have served copies of the Petition to Revoke Letters Testamentary, Certification, Rule Returnable, and Citation, by first class mail, postage prepaid, to: Frederick I. Huganir, Esquire P. O. Box 308 Carlisle, PA 17013 r0~~ Dale F. Shugha ,Jr. Attorney I.D. #1 373 10 West High Stre Carlisle, PA 17013 (717) 241-4311 Attorney for Petitioner Katherine A. Kahn I" I .7 . t . \"-/ C7 'oJ .;,'..", t.., J IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-845 ENTRY OF APPEARANCE Dear Sir: Please enter my appearance as attorney for the Petitioner, Katherine A. Kahn, in the above captioned action. TO: Curtis R. Long, Prothonotary April 25, 2007 Respectfully submitted, Dale F. Shug Attorney I.D. 1 3 10 West High Street Carlisle, PA 17013 (717) 241-4311 ciJdlt CC: S-~2 \"') (,J", Frederick I. Huganir, Esquire patricia R. Brown, Esquire Katherine A. Kahn Karen I. Kahn -D ':? - .:;:- ce \ --~ C) N O'~ ~ ...c~._ IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-845 CONS an' AND JOINDER I, Karen I. Kahn, equal beneficiary with my sister, Katherine A. Kahn, the sole beneficiaries, under last Will and Testament of our Mother, Irene H. Johnson Kahn, dated June 25, 1996, hereby join in the Petition of Katherine A. Kahn to revoke Letters Testamentary issued to said Katherine A. Kahn and to transfer ,said Last will and Testament to Elliott District Court of the Cdmmonwealth of Kentucky in accordance with the Agreed Order issued in the Elliott Circuit Court, Commonwealth of Kentucky, Case No. 04-C-I-00020, dated June 8, 2006. Date: t/- Z7-tf 0 ~ o ..-"...., :.:;.::.:-:\ c;~.) --.J -- ~.b_~ ::~"... -< ~ IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED ::':; \,D IN THE COURT OF COMMOW--1pLEAS. CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-845 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Dale F. Shughart, Jr., Esquire, being duly sworn according to law deposes and states that on April 25, 2007, he entered his appearance as attorney for the Petitioner, Katherine A. Kahn, Executrix of the Estate above captioned and served the Citation, Petition and all other related documents upon Frederick I. Huganir, Esquire, attorney for Kenneth Kahn, Father of Katherine A. Kahn and Karen I. Kahn, and divorced prior husband of the decedent, Irene H. Johnson Kahn, who died a single woman. The said Kenneth Kahn having appealed on March 22, 2005 the Register of wills' refusal to grant probate of a will presented by said Kenneth Kahn, attached to this Affidavit is a copy of Attorney Huganir's letter of March 22, 2005, confirming that the sole purpose of the Appeal was to "maintain the status quo in pennsylvania" pending completion of proceedings in Kentucky. On Monday morning, April 30, 2007, the undersigned met with Attorney Frederick I. Huganir at the office of the undersigned and reviewed the documents in question. The said Frederick I. c) Huganir stated that the signature appearing on the Settlement Agreement attached to the Petition to Revoke Letters Testamentary does appear to be the signature of Kenneth Kahn. Attorney Huganir further advised Attorney Shughart that the record appears to be in order, and that he will not oppose the Petition, although without express authorization from his client, he will not execute a Consent and Joinder. Jr. Sworn and subscribed before me, ~a;Xf~007' NOTAIIAL SEAl.. BONNIE L COYLE. NOTARY PUBLIC IORO OF CARUSLE. CUMBERLAND CO. PA MY COMMISSION EXPIRES OCTOBER 17. 2010 CC: Frederick I. Huganir, Esquire Patricia R. Brown, Esquire Katherine A. Kahn, Executor HUGANIR LAW OFFICES 36 SOUTH HANOVER STREET PO Box 308 CARLISLE, PA 17013-0308 FREDERICK I. HUGANIR TEL: 717-249-6272 FAX: 717-249-3344 hlo@paonline.com March 22, 2005 Dale F. Shughart, Jr., Esq. 35 West High St, Ste 203 Carlisle, P A 17013 Patricia R. Brown, Esq. 10 W. Pomfret St Carlisle, P A 17013 Re: Estate of Irene Kahn (deceased) Dear Dale and Patricia: I have filed the enclosed appeal of the March 25, 2004 decree from the Register of Wills to maintain the status quo in Pennsylvania, pending proceedings in Kentucky, I am leaving for Louisiana tonight and will return late next Wednesday, after which I'll contact you about either proceeding with or deferring hearings in Pennsylvania pending the Kentucky matters. ....,., Ene. cc: Kenneth Kahn Hon. Earl Rogers III If corr\032205shughartbrown.kahn.doc 601 SWEDE ST. NORRISTOWN, PA 19401-3900 610-272-4510 o -"r1 "'-) ........) <::~.';) ;;::::.::.:> -..l ~:_'T: -. 1 -I 'J'J" o C0 IN RE: ESTATE OF IRENE H. JOHNSON KAHN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-845 ORDER OF COURT AND NOW, this ~ day of May, 2007, upon consideration of the petition of Katherine A. Kahn, and review of documents filed of record in the matter, it appears based upon oath and Affidavit, that the following facts are undisputed: 1. That Irene H. Johnson Kahn died December 7, 2003, leaving a Last Will and Testament dated June 25, 1996, a resident of the Commonwealth of Kentucky. 2. That the decedent owned no real or personal property in the Commonwealth of Pennsylvania at the time of her death subject to probate administration or taxation in the Commonwealth of pennsylvania. 3. That the disputes between Katherine A. Kahn, Karen I. Kahn, and their Father, Kenneth Kahn, were resolved by Settlement Agreement duly filed of record in the Elliott Circuit Court, Commonwealth of Kentucky, which entered and an "Agreed Order" on June 7, 2006 directing, as agreed upon by the parties, that the Last will and Testament of Irene H. Johnson Kahn dated June 25, 1996 was subject to administration in the Commonwealth of Kentucky, and directed that such document be "tendered to the Elliott District Court and admitted to probate as the Last will and Testament of Irene Kahn". 4. That the petitioner and Karen I. Kahn are the sole beneficiaries of the Last will and Testament of Irene H. Johnson Kahn, and that Karen I. Kahn joins in this Petition. 5. That the Attorney of Record for Kenneth Kahn has been properly served with Notice of these proceedings and does not oppose the Petitioner's request. Based upon the foregoing, the grant of Letters Testamentary to Katherine A. Kahn be and is hereby vacated and the Last will and Testament of Irene H. Johnson Kahn dated June 25, 1996 be and is hereby removed from probate in the Court of Common Pleas of Cumberland County, Pennsylvania. The Register of wills in and for Cumberland County, pennsylvania, be and is hereby authorized and directed to transfer the original will of Irene H. Johnson Kahn, dated June 25, 1996, to the Elliott District Court of the Commonwealth of Kentucky in accordance with the "Agreed Order" issued in the Distribution: Dale F. Shughart, Jr., Esquire, attorney for Kat erine A. Kahn patricia A. Brown, Esquire, attorney for Katherine A. Kahn Frederick I. Huganir, Esquire, attorney for Kenneth Kahn Karen I. Kahn, Beneficiary / P.J. Elliott Circuit Court, Commonwealth of No. 04-CI-00020, dated June 7, 2006. In Re: ESTATE OF IRENE H. KAHN, DECEASED ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-03-0845 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 05/07/07 JUDGE'S INITIALS: EEB TIME STAMP DATE: 05/07/07 IN RE: ORDER OF COURT ~ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ " '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ 'I '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ SERVICE TO: DALE F. SHUGHART. JR. ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR ~ HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 05/07/07 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: PATRICIA A. BROWN. ESQ FREDERICK I. HUGANIR. ESQ KAREN I. KAHN. KATHERINE A. KAHN METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ ~ PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 05/07/07 Deputy Clerk of Orphans' Court r- Ii " ! )1 . . LLP'I'II :~ Iflfj; !i29h . . . " ~;. . . , Ma~orie A. Wevodau First Deputy One Courthouse Square Carlisle, Pa. 17013 Glenda Farner Strasbaugh Register of Wills & Clerk of the Orphans' Court Kirk S. SOhonage, Esquire Solicitor (717) 240-6345 FAX (717) 240-7797 OFFICES OF l\egister of Wills anb qclerk of tbe C!&rpbans' qcourt QCountp of QCumberlanb :;"') tlj en t:;: :..~-:,-, ~?~= June 13, 2007 ~ (f) _~~ ("') 0:. - . d~l' ~ & Sc..~ r- o::s Em.ott CountY Court Clerks Office "eN EllIott District Court of the Commonwealth of Kentucky 100 Court and Main Street Sandy Hook KY 41171 In Re: Estate of Irene Kahn, Case No. 21-03-0845 Cumberland County Orphans Court 04-CI-00020 Elliott District Court Dear Clerk: As per the Court of Common Pleas Order of Edgar B. Bayley, Judge, enclosed you will find the original Last Will and Testament of Irene H. Johnson Kahn as well as a certified copy of the court order. If you have any questions or concerns, please contact me at 717-240-6345. Yours truly, ~~j~ Glenda Farner Strasbaugh (j Register of Wills & Clerk of Orphans' Court Dale F. Shugha...'1:, Jr. Esquire Patricia A. Brown, Esquire Frederick 1. Huganir, Esquire Robert W. Miller, Esquire Karen I. Kahn ~ ROBERT W. MILLER Law Offices of ROBERT W. MILLER 210 East Second Street P.Q. Box 357 Grayson, KY 41143 &sociate JENIFFER R. BARKER Telephone 606/474-7827 Telefax 606/474-4184 May 31,2007 VIA FACSIMILE (717) 241-4021 To Whom It May Concern: Please inform the Register of Wills to mail the original will of Irene Kahn to the Elliott County Comt Clerks Office, P.O. Box 225, Sandy Hook, KY 41171, to be recorded. Sincerely, nL- ~ , !' ~feifue:t;a::j~c'~~, ) SENDER: COMPLETE THIS SECTION Elliott County Court Clerks Offi 100 Court and Main Street Sandy Hook KY 41171 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the carel to you. · Attach this card to the back of the mallplece, or on the front if space pennits. 1. ArtlcIe Addressed to: 1yPe CertIfIed Mall 0 Express Mall o Registered 0 Retum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. ArtlcIe Number (Transfer from SfWIce label) PS Form 3811, February 2004 7005 1820 0002 4615 4625 Domestic Retum Receipt 102595-02-M-1540 . "I" f '" '," II f " f " ".""" "'11 "'" '" f""" fII"'(I' '" ( zoo:: '" (lOLl Vd ';}Isn.m:) U') Cf ;}.mnbS ;}snoqpno:) ;}Uo .. ~ M ......~~ pIm{J;}qwu:) JO Aluno:) : ',- ~ IS~JO ){l;}IJ pIm sIHA\JO l;}lS~;}~ . ~ <::) EEY>:S q~neqSBllS l;}ll.md epu;}ID -< ~ N ~~CI: gs~'5 ~~. ~ }}3tf /; a · xo SItfi"L, v+dlZ pue 'ssaJppe ' JnOA lUlJd aseaJd :Japuas . . OOZ' ~ ~:-~ g~~F.:TJ 'ON Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/14/2007 BROWN PATRICIA R 354 ALEXANDER SRPING RD SUITE 1 CARLISLE, PA 17015 (") ~O ~""'~::o n f2 r- ]> m "'''''';;,:.::tJ 4- "" -' ::x;: o~o o .." o ~~ ~ :RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: "" = c::> """-I Z <::.> -< -"] 0~!~ (,)C> (~_r) .=t.,; '-~':i (--"5 r r -I i~-t 1 ::0 ::::; t,:>c~ :~:H ;:::~ C-) ,- __ fn <.J-.J C> on (J'l ::r:- :x '9 <<::) N This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. sj,ncerek' ,~ ii_, "_'~ .I.>~ ,~~w '1. ,. 'JfAjtJj-~ . / i Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/14/2007 SHUGHART DALE F JR ESQUIRE SUITE 203 35 E HIGH STREET CARLISLE, PA 17013 (') ~~ s- OJ r'n:E (') ::::.1:::x>r- r-zm >,;:0 zen", gQ~ 0<:: .~ ~ p..,,) = co ...... 2: o -< ::7:1 ;=:;~ p~ (7) C) ~~;~ :~~ :"I:.1C) ~~i8 - --;'] c-5 r-- rn v':' ,--) '-Ch, U1 ~ :.t:: v:J o N RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~. ~'~ ,''II , "l ~ , . - oC_< l _ ~ .,. .,~~.,,,,.~ "~t. " ~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/14/2007 KAHN KATHERINE A ("') ~~ ri-, -u 0 ::p;;!;,- czm:n :2::05.;;:0;; Ogo {:"") ." o~- ~~ :;p ~-' l'o.;) = c:;:) -.. z o -c ::::0 ::t,] fT1 rr'(J G)O ~:f~ rr~ r'~i-'i ~:} C.J C) -n~ ...- -.q F~~ ~'~~ ~/) C-} ~'-'J 171 SOUTH STREET lR NORTHHAMPTON, MA 01060 Ul :r:- :x '!? o I'V RE: Estate of KAHN IRENE H JOHNSON File Number: 2003-00845 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. A.s per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/07/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, Ie- . U. h- g!/ ,t~~/.4_- t~~U JfZ/&4~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Ill! ~~ ~ ijl' ~2 ~ t(~1 ~~ ~4l. ~ ~~~ ~IS' N g <( 01.LINO 0 0 ::::i: .. \ ") l.f) M x: c:r ) 1, fIj ? \~_2 ..., r r-"'\ jw C'-I ex: c:: \.D N ::>- c::> "',""... .'i"l...... r-- C;l c::::> C"ooI - .... ;:; Q '"l '", ::: !l:l ~e 6~.g"r- ..::. cw Eli a ~ _..,'" l~I~~ ~~.. .m = :g R : ft~~]- o~ E~'Ot~ "''''no) tl:S &J :j... ~::: pO 2 ~ t!i = ,~ -S.!!gg~ <:; ':: '"l 0 u Ii~ Q .... w "lii -61 w ~ .--. g. U_p- C:J C: \.rJ ~ ) (<) .0 t- O " ~ (I! " a ... ILl ... fIl fIl o ILl o Ita 0::00: wa<< O([::;l z 0: WIi'JO 0<1:11. ... OIllO W 1-.-11- o m z4:W Itlt.-l .,., ::>WID i'- 1->0: ...f WH~ 1l.-l:J W o W H X H Z I- o z "fi\? 'It I If! - "fi - I ::: Itl ;( - "fi t;f 0 I 6\ - - .,., - - .,., - 0 - ~ - - - - - - - 01 - m - rl - 0 - (!) - (!) - - (!) rl - 0 - - "- ...- "" - u m c!,-fI {\ ';:i!; 1..-" .... <\D l.il'- 0" (T) \:l1 (Y)1 .,.e) o r... ....\ III! ~H jl' ~2 ~ f (II ~ ~ ~4l. ~} ~~~ ~IS' ~ 0- 0-3.LINO ~ g ~ II tJ') M .. - t.L_ C) 'JI'- ""'- ocr ,~ ,-L} ~_.- ;~~~~ ""-- j ; "1-' i:I: I.D N >. C) 2: r-- c= ~ c-.I - .... ;:; Q '"l '", ::: !l:l ~e 6~.g"r- ".Qcwre;a~ :..e$:~~ -t:'+-t ~(/)~ Qll~E~o ;... w = ;::::1 r-- ~ ~ '"l]- .... '"l .... t ~ !l:l Q::l ~.g P02" te te = .;!; ~.!!gg~ w'::'"lOU Ii~ .... Q .... w 1;; 61 w ~ ~ \-..;<..- ".""-..r" . tl,s E~ '~:. \.r. ::r- l>O <:::> \'0 -0 f\; ~ 0 ~ -ri - ..... ::: -ri ::: -ri0 Z - - OW - - Otll - HO (fI - (l) It - wI- t") ILl - - 0 01 a - f>>Z I Z - l- t") ILl - ...fD: '" Ii'J - - ILl 0 Tf 0 - ILQ. 0 I- - ZX ~ WWJ<< z - - ".f ZiJ..!: It - -..fWH ::> OI:It:#Z t- - HW 0 ILl - - Xt-It-t- It - H~ll. - Q([ !: - - It::t I: <I - <<. JI 3ZWt- - - 11: I J - O([orlO - h.::t..-lfll (Y)!:I ....{J l::~ i...\; uU "''0 (;).. , ,.jtt j:"i-, ~~ o ,,...) o Pa. D.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: IRENE H. JOHNSON KAHN Date of Death: DECEMBER 7, 2003 File Number: 2003-00845 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: I. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . " III Yes 0 No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . .. DYes III No b. The separate Orphans' Court No. (if any) for the personal representative's account is: C. Did the personal representative state an account informally to the parties in interest? ............................... IZIYes D No d. Copies of receipts, releases, joinders and approvals of formal or i ormal accounts may be filed with the Clerk of the Orphans' Court and may be attached t t Capacity: DPersonal Represen Date NOVEMBER 29, 2007 DALE F. SHUGHART, JR., ESQUIRE Name of Person Filing this Form ,n" \'cl " 'j; 10 ~..\ 1-.10<..... C \1<::/,-"\,J'tlO ltH !\.U vI ~ :.liw ,,', , \' ! I ," ~,i) " ,,,- kJ ...! ... I ,.".J.~ 10 WEST HIGH STREET Address SZ : I t~d 62 AON LOOl CARLISLE, P A 17013 717 241-4311 Telephone ,r.",,\, ,\J(\ (qnu, ',I \:J.\ -i. I -1 I;J" '",) U....iuU\./\.~~w Form RW-1O rev. 10.13.06''-' ~v. ~