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Home My WebLink About03-06-07 ."..... ,r' ~- ., l .} l r;L~!"R - 6 [1[>1 9: S G INRE: ESTATE OF HOW 'f~I,.~iJ~Aq~~r '-Deceased. -'.) -.. . I .~...: ; ~ . . '., ( , ,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS ' COURT DIVISION FILE NO. 21 - 06 - 0173 -------------------------------------------------------------------------------------------------------------------- OBJECTIONS OF SONJA L. BRUNNER AND JEFFREY D. APGAR -------------------------------------------------------------------------------------------------------------------- TO THE HONORABLE, THE AUDITING JUDGE: AND NOW, this 6th day of March, 2007, Sonja L. Brunner and Jeffrey D. Apgar, beneficiaries and heirs under the Will of Howard L. Kautz, Deceased, object to the account prepared by Marilyn E. Kautz, Executrix of the Estate, filed with the clerk of the Orphans' Court Division of Cumberland County, Pennsylvania, on January 31, 2007, for the following reasons: 1. Objectants Sonja L. Brunner and Jeffrey D. Apgar are the children of the late Joycelyn Apgar, daughter of Howard L. Kautz and sister of Marilyn E. Kautz. Joycelyn Apgar died in December, 2003. 2. Objectants, as beneficiaries under the Will of Howard L. Kautz, Deceased, have a direct interest in the account and settlement of the estate of Howard L. Kautz. 3. Prior to the death of Joycelyn Apgar in December of2003, the Decedent intended that his two daughters share equally in all his assets as evidenced by his Last Will and Testament then in effect. To the best knowledge and belief of Objectants, on or about May 2004, the Executrix induced Howard L. Kautz to change his Will to leave a majority of his assets to Marilyn E. Kautz. After discovering the effect such a change would have on the distributions to the children of Joycelyn Apgar, Howard L. Kautz subsequently changed his Will again in August c~ 2004, to leave one half of his estate to Marilyn E. Kautz and one-half of his estate to the Objectants, the children of Joycelyn Apgar. 4. The Executrix filed her First and Final Account with the Clerk of the Orphans' Court Division ofCumberIand County on January 31, 2007, which account failed to include various bank accounts held by Decedent during his lifetime, a list of which is attached hereto as Exhibit A (Schedule F of Decedent's REV-I 500). 5. The Executrix claims that prior to his death, Decedent Howard L. Kautz changed said accounts to include Marilyn E. Kautz as a joint tenant with right of survivorship, thereby vesting full right, title and interest in each of these accounts to Marilyn E. Kautz upon Decedent's death. 6. Objectants believe and therefore aver that it was not Decedent's intent to vest full right, title and interest in said accounts to Marilyn E. Kautz upon his death, but instead intended that said accounts be distributed according to the provisions of his Will. 7. To the best knowledge and belief of Objectants, Marilyn E. Kautz held a General Power of Attorney for Howard L. Kautz at the time said accounts were changed to include Marilyn E. Kautz as a joint owner, and that Marilyn E. Kautz held a confidential relationship with the Decedent. Objectants believe and therefor aver that Decedent relied upon Executrix to act in accordance with his intentions. 8. Objectants believe and therefore aver that Marilyn E. Kautz exercised undue influence over Decedent and through that influence induced Decedent to name Executrix joint owner with right of survivorship in certain bank accounts, with the ultimate result that Marilyn E. Kautz received all the assets from said accounts. - 2 - 9. As a result of the Executrix's failure to include said accounts in the Decedent's probate estate, Sonja L. Brunner and Jeffrey D. Apgar will not receive the distribution intended by Decedent. 10. Objectants request that this Court: a. Require the Executrix to include in the First and Final Account of Decedent's estate, the bank accounts listed on Exhibit A attached hereto. b. Require the Executrix to revise the Schedule of Distribution accordingly. WHEREFORE, Objectants, Sonja L. Brunner and Jeffrey D. Apgar, respectfully request that the Executrix be required to include in the First and Final Account of Decedent's estate, the bank account listed on Exhibit A attached hereto and further require the Executrix to revise the Schedule of Distribution accordingly. Respectfully submitted, NAUMAN, SMITH, SHISSLER & HALL, LLP B Spencer G auman, Jr., Esquire Supreme Court ill #07226 Suzanne S. Becker, Esquire Supreme Court ID# 201873 Date: March 6, 2007 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, P A 17108-0840 Phone: 717-236-3010 Fax: 717-234-1925 Attorneys for Objectants, Sonja L. Brunner and Jeffrey D. Apgar - 3 - - MAR-06-2007TUE 06:05 AM HUGGINS PRINTING FAX NO. 7175611754 P. 05 1, SOY1ja L. Bruner~ the undersigned do hereby state that the statemen.ts set forth in the foregoing "Objections" are true and correct to the best ofmy knowledge, information and be.lie[ I understand that false statements herein are made stlbject to the penalties of 18 Pa. C.S.A. 94904 relating to unswom falsification to authorities. I . .~~~~ ~runner Date: Oft) ,01 -4- _~R-Q~~2007~E 06:05 AM HUGGINS PRINTING FAX NO. 7175611754 I P. 06 VERIFICA TION I, Jeffrey D. Apgar, the undersigned do hereby state that the statements set forth in the foregoing "Objections" are true and correct to the best of myiknowledge, information and belief. I understand that false statements herein are made sub~ect to the pena.lties of 18 Pa. i C.S.A. g4904 relating to unsworn falsitication to authorities. ' ~~p\.. Jeffrey D. Apgar Date: ? 'Sll' - 5 - . ReV-150; EX+ (6-98) i-* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT OECEDI::NT SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF If an asset was made joint within one year of the decadent's date of doath, it must be reported on schedule G. FILE NUMBER 21-06-0173 Kautz, Howard L. SURVIVING JOINT TENANT(S) NAME A_ Marilyn E. .Kautz ADDRESS RELATIONSHIP TO DECEDENT 2095 Clarendon Street Camp Hill, PA 17011 Daughter B. c. JOINTLY OWNED PROPERTY: LETTER- DESCRIPTION OF PROPERTY % OF DATEOF DEATH DATE ITEM FOR JOINT MADE INCLUDE NAME.OF FINANCIAL INSTITUTION AND BANK ACCOUNT DATE OF DEATH DECO'S VALUE OF NUMBER TENANT JOINT NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH DEED FOR VALUE OF ASSET INTEREST DECEDENTS INTEREST JOINTLY-HELD REAL ESTATE. 1 A 4/18/1989 PNC Bank - Account #5140033157. 16.899.76 50.000% 8.449.88 Joycelyn E. Apgar predeceased the decedent on 12/1/03 whereby the account vested in Marilyn E. Kautz as the surviving joint owner. 2 A 21512004 Wachovia Bank - Account 90.587.83 50.000% 45.293.92 1010084283379. This account was joint with the right of survivorship. 3 A 2f5/2004 Wachovia Securities -Investment 24.416.60 50.000% 12.208.30 Account #6647-7455 (Evergreen PA Tax Free Fd, Class B). This account was joint with the right of surVivorship. TOTAL (Also enter on Line 6, Recapitulation) 65.952.10 (If more space is needed, additio j Ei\-BIT Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule F (Rev 6-98) ~ CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Suzanne S. Becker, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Objections" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Michael L. Bangs, Esquire Bangs Law Office 429 South 18th Street Camp Hill, P A 17011 NAUMAN, SMITH, SHISSLER & HALL, LLP B: ',4 Suz e S. Becker, Esquire Supreme Court ID# 201873 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Objectants, Sonja L. Brunner and Jeffrey D. Apgar Date: March 6, 2007 - 6 - l1tlllllll\llS.\.lJ1Ul Attorneys At Law Please Reply to: P. O. Box 840 Harrisburg, PA 17108-0840 Suzanne S. Becker E-mail: ssbecker@nssh.com March 6, 2007 VIA HAND DELIVERY Office of the Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 RE: Estate of Howard L. Kautz, Deceased File No. 21-06-0173 Dear SirIMadam: I am enclosing the original and two copies ofthe Objections of Sonja L. Brunner and Jeffrey D. Apgar to the account of Marilyn E. Kautz, Executrix, in the above-referenced estate. I have also enclosed a check in the amount of$5.00 to cover the filing fee in this regard. Once the Objections are filed, please return a time-stamped copy to our messenger. If you have any questions or need additional information, please do not hesitate to contact me. Very truly yours, ~C:Y/~1 r'.' '25 .-J SSB/jc Enclosures cc: Michael L. Bangs, Esquire (w/enc.) Sonja L. Brunner Jeffrey D. Apgar I G' ~ ,'-v -) ~" ~-~,:t' '2 <::) c::> Superior analysis. Effective solutions. Since 1871. Nauman Smith Shissler & Hall. LLP. 200 North 3rd Street. Harrisburg, PA 17101.717.236.3010. fax: 717.234.1925. www.nssh.com