HomeMy WebLinkAbout12-07-11IN RE: IN THE COURT OF COMMON PLEAS OF
Estate of Joanne W. Daly, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased ORPHANS' COURT DIVISION
: r-,
NO. 21-11-0751 ~~ ~ ~ ~'
~ ~-
.,
~~ ~~~
.J.~
PETITION FOR PERMISSION , ~ '~'
TO INVEST SETTLEMENT PROCEEDS ~-~ ~ ~c
_-~ ~ ; T~
~~:
AND NOW, comes Michael A. Scherer, Esquire, attorney for Daniel J. Daly, ```'
Administrator of the Estate of Joanne W. Daly, deceased, and respectfully represents
as follows:
1. The Petitioner is Daniel J. Daly (hereinafter "Petitioner"), an adult
individual who resides at 15 Sandy Bottom Road, Carlisle, Cumberland County,
Pennsylvania 17015.
2. The decedent is Joanne W. Daly, who died on August 25, 2009.
3. Petitioner is the surviving spouse of decedent.
4. Petitioner was appointed administrator of decedent's estate by virtue of
letters issued by the Register of Wills of Cumberland County on July 8, 2011.
5. This Honorable Court approved a settlement of a wrongful death/survival
action by Order dated October 11, 2011.
6. Petitioner is the natural father of the decedent's three minor children, who
are Colin Daly, born November 13, 1999, age 12, Olivia Daly, born February 8, 2002,
age 9 and Ava Daly, born March 8, 2005, age 6. All three children live with the
Petitioner at 15 Sandy Bottom Road, Carlisle, Cumberland County, Pennsylvania
17015.
7. The Petitioner was formerly an investment advisor and was licensed in the
State of Indiana.
8. The Order of Court approving the settlement in this case provides that the
settlement funds for the minors are to be deposited into an interest bearing savings
account at a federally insured financial institution, in accordance with Pa.R.C.P.
2206(b)(4)(i).
9. Petitioner has opened an account for each child in accordance with the
October 11, 2011 Order of Court, however, the accounts earn only 0.02% interest
annually.
10. Petitioner requests permission to invest the settlement funds of the minors
in a mutual fund, index fund or a utility stock which pays a reasonable dividend.
11. The Honorable J. Wesley Oler, Jr. has been assigned to this case.
WHEREFORE, Petitioner respectfully requests that this Honorable Court
authorize the Petitioner to invest the settlement funds of the children as set forth above.
Respectfully submitted,
BARK SCHERER LLC
Michael~!S'cl~erer, Esquire
. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Petition For Court Approval Of Settlement
Pursuant To Pa.R.C.P. 2206 are based upon information which has been assembled by
my attorney in this litigation. The language of the statements is not my own. I have
read the statements; and to the extent that they are based upon information which I
have given to my counsel, they 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 falsifications to authorities.
DATE: ~1 ~ ~, I'~ ~~_
Daniel J. aly