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HomeMy WebLinkAbout05-21-093. Respondent is Juanita M. Panko, an adult who resides at 2153 Bordeaux IN RE: ESTATE OF ANITA M. KISSINGER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. cy.~ ~~ ~~~ ~=~o _~ • ~ -- ~-~r: -, PETITION FOR TURNOVER OF ASSETS ''-~' ~.~ _~ ~.~ ~~ -,-~ c,~ ~ , ~--o - , AND NOW, this 21s` day of May 2009 comes the Petitioner, Lester G. Kissinger, Jr., Executor of the Estate of Anita M. Kissinger, by his attorneys, Ball, Murren & Connell and respectfully represents that: 1. Anita M. Kissinger died on September 5, 2008 leaving a Will dated May 29, 1981 which was admitted to probate. A copy of the Will is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Petitioner, Lester G. Kissinger, Jr., Executor, an adult individual with residence at 11 Longwood Drive, Mechanicsburg, Pennsylvania was appointed Executor of the Will of Anita M. Kissinger, Deceased by Letters Testamentary dated September 15, 2008 of the Register of Wills, Cumberland County, Pennsylvania. A copy of the Letters Testamentary is attached hereto as Exhibit "R" and is incorporated herein by reference. 3. Respondent is Juanita M. Panko, an adult who resides at 2153 Bordeaux Court, Harrisburg, Pennsylvania. 4. Among Decedent's assets at or immediately preceding her demise was Fifteen Thousand ($15,000.00) Dollars in cash and artwork, curios, household goods, furnishings and other personal possessions that were removed from Decedent's place of residence immediately prior to her death by Respondent and/or her agents, servants, employees or members of her family or which have been retained by the Respondent and/or her agents, assigns or family members at the Decedent's last residence contrary to the terms of the Decedent's Will and to the exclusion of the residual beneficiaries of the estate other than Respondent. 5. Pursuant to Decedent's Will, her residual estate including personal property is divided equally among Petitioner, Respondent and Jacob T. Kissinger, their sibling. 6. Petitioner has demanded that Respondent return the cash to him and to provide an inventory for and turn over to Petitioner of the artwork, curios, household goods, furnishings and all other personal property of the Decedent as above described, but she refuses to do so. WHEREFORE, Petitioner requests that the Court award a citation directed to Juanita M. Panko to show cause why she should not turn over the cash and provide an inventory for and turn over, artwork, curios, household goods, furnishings and other personal property to Petitioner, Executor of the Will of 2 Anita M. Kissinger, Deceased, for administration and distribution in accordance with the Decedent's Will. Respectfully Submitted: Richar~ .Connell, Es I.D. # 21542 Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 (717) 232-8731 Attorney for Petitioner Date ~~ ~,? ~ ~hU 3 VERIFICATION I, Lester G. Kissinger, Jr., state that I am the Executor of the Estate of Anita M. Kissinger, the Plaintiff herein, that I am authorized to make this affidavit on its behalf, and that the facts set forth in the foregoing Petition are true and correct to the best of my information and belief. I understand that my statements are made subject to 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ,~~ ~ _. Lester G. Kissinger, Jr., Ex cutor of the Estate of Anita M. Kissinger Date /~~ j, Z UD ~ LAST WILL AND TESTAMENT OF ANITA M. KISSINGER I, ANITA M. KISSINGER, a resident of the Commonwealth of Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this instrument to be my LAST WILL AND TESTAMENT. I hereby revoke any and all wills and codicils heretofore made. I IDENTIFICATIONS AND DEFINITIONS I am married to LESTER G. KISSINGER, hereinafter referred to as "my Spouse." We have three children, LESTER G. KISSINGER, JR., JUANITA M. KISSINGER and JACOB T. KISSINGER. References in this Will to "my Children" include these three children and any other lawful children born to or adopted by me. The following definitions obtain in any use of the terms in this Will: 1. "Descendants" means the immediate and remote lawful, lineal descendants of the person referred to, and it means those descendants in being at the time they must be ascertained in order to give effect to the reference to them, whether they are born before or after my death or of any other person. The persons who take under this Will as Descendants shall take by right of representation, in accordance with the rule of per stirpes distribution and not in accordance with the rule of per capita distribution. Persons legally adopted when under the age of fourteen years shall not be differentiated from blood descendants for any purpose. 2. "Survive me" is to be construed to mean that the person referred to must survive me by thirty days. If the person referred to dies within thirty days of my death, the reference to him shall be construed as if he had failed to survive me. 3. As used in this Will, the words "Executor," "he," "him," "his," and the like shall be taken as generic and applicable to a natural person of either sex or a corporate person or other legal entity. II PAYMENT OF DEBTS AND TAXES I direct my Executor to pay the following as soon after my death as may be practicable: 1. All of my just debts and the expenses of my last illness, funeral and of the administration of my estate; but my Executor need not accelerate and pay those unmatured obligations which, in his opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. 2. All inheritance, transfer, estate and similar taxes (including interest and penalties) assessed or payable by reason of my death, on any property or interest in my estate for the purpose of computing taxes. My executor shall not require any beneficiary under this will to reimburse my estate for taxes paid on property passing under the terms of this Will. III RESIDUARY ESTATE A. I define "my Residuary Estate" as all of my property after the payment of debts and taxes under Article II above, including real and personal property, whenever acquired by me, property as to which effective disposition is not otherwise made in this Will or by operation of law, and property as to which I have an option to purchase or a reversionary interest, but excluding property as to which I have no interest other than a power of appointment_ B. I give my Residuary Estate to my Spouse if he survives me. C. If my Spouse does not survive me, I direct my Executor to divide my Residuary Estate into equal shares and to distribute those shares as follows: 1. one share to each of my Children who survive me. 2. one share to be divided equally among the then living descendants of each of my Children who do not survive me. IV APPOINTMENT OF EXECU'1bR I nominate and appoint my Spouse, LESTER G. KISSINGER, as Executor of this my LAST WILL AND TESTAMENT. If LESTER G. KISSINGER is-unable or unwilling to serve in this capacity, I appoint my son, LESTER G. KISSINGER, JR., to serve instead. L request that my Executor be permitted to serve without bond or surety thereon. I authpri~e ~ Executer to do any and all things which in his opinion a~~ a~wceary t~ co~,lCte t~ administration arx3 settlc~nent ~f. my _, ~~t~, i:rudang firll rig3;t. ~_ a aetr£ority, wrti~out the c,rder of anY court aria upon s~.ach terms and under such conditions as my Executor shall deem best for the proper settlement of my estate; to bargain, sell at public or private sale, convey, transfer, deed, mortgage, lease, exchange, pledge, manage and deal with any and all property belonging to my estate; to compromise, settle, adjust, release and discharge any and all obligations or claims in favor of or against my estate; and to borrow money for the payment of inheritance and estate taxes or for any other purpose. Without in any way limiting the scope of the powers enumerated herein of my Executor, I hereby specifically give to him full power to retain any and all securities or property owned by me at the time of my decease whenever, in his absolute and uncontrolled discretion, such a course shall seem to him to be best, without liability for depreciation or loss, and free from investment restrictions incident to executorship, whether imposed by common law or statute..: In the execution of his duties and powers as Executor he shall have the power to comply with all legal requirements as to the execution and delivery of deeds and all other writings, documents or formalities without the order of any court; and he shall furnish a statement of receipts and disbursements at least annually to each person then entitled to receive income or property from mY estate. IN WITNESS WHEREOF, I shave at Carlisle Barracks, Pennsylvania, this .~ ~ .. day of ..... J'~l ( J ........ , 1981, set my hand and seal to this my LAST WILL AND TESTAMENT consisting of three (3) typewritten pages. ANITA M. KISSINGER, Tes for Signed, sealed, published and declared by the Testator, ANITA M. KISSINGER, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence bf each other, have hereunto subscribed our names as witnesses. NAND ~`~ ~ . ~ . .. . .. ~-~.. ADDRESS ~ `J`.t ,~ ~ ~ ~ ~~ . .~ COMMONWF~ALTH OF PENNSYLVANIA)ss: COUNTY OF CL~IBERLAND ) I, ANITA M. KISSINGER, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by ANITA M. KISSINGER, the Testator, this .~:... day of ~u~..........., 1981. ~~ ~~ .. .::h 1~:~ :'. ..... .. . ANITA M. KISSINGER, Testator (SEAL) .,. .......:~:!...... Notary Public•- .' (irlona A. Gebner, Notary Fubtic Affidavit North Middleton Twp ~mberland ~~, MY Commission Expires Feb. 5, 1983 Me+nber. ~nnsYlvania ~ociation of t2aia,:e.. CONA40NWEALTH OF PENNSYLVANIA)ss: COUN'T'Y OF C[)MSERLAND ) We ..,ct GSt) H . ~ ~ ~ / Z_ .. , Crt.2i--r E7'v.. t~ :.~;`~; :r a ~ .... , and ..i')1~~:?e~.:~:. [?'-r ~lG::~. ..., •the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as her Last Will; that ANITA M. KISSINGER, signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to~nd~bscribed to before e by ~Os~>1 !`~ .4':~.T ! z_, ~ ~.~R ;~;~= r ~ .. `, r3~~ g S . , and ... ~ ~,~i~c.~~%ylr; lr~ r~. . ., witnesses, this :?~ day of~...~~:~:..... ., 1981. - , wI s . ..... ....:~....,,cS.. ~:.:.:: -,~. WITN~ELSS~ ~ ~~~ j~ ~~j/ WITNESS csEAL) . ~~: ~;~.1 ~ ~ .... . Notary Public Nn~ Middleton T~yp r ~ a ubtic MY Commission i p ~ F ~1~ Member, Pent-: ~,.; ~ Ex it eb. ~ REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF GRANT OF LETTERS No . 2008- 00926 PA No . 21- 08- 0926 Estate Of : ANITA M KISSINGER /First, Middle, Lastl Late Of : CUMB BLAND COUNTY Deceased Social Security No: 202-36-5289 WHEREAS, on the 15th day of September 2008 an instrument dated May 29th 1981 was admitted to probate as the last will of ANITA M KISS/NGER /First, Middle, Lastl late of CAMP H/LL BOROUGH, CUMBERLAND County, who died on the 5th day of September Zoos and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: LESTER G KISSINGER JR who has duly qualified as EXECUTOR(R!X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 75th day of September **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)