HomeMy WebLinkAbout06-11-09IN RE: ESTATE OF ANITA M. : IN THE COURT OF COMMON PLEAS
KISSINGER, DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET N0.21-08-0926
ORPHANS' COURT DIVISION
NANITA M. PANKO'S REPLY IN OPPOSITION TO PETITION FOR TURNOVER
OF ASSETS
AND NOW, comes Juanita M. Panko, by and through her counsel, Serratelli, Schiffman,
Brown & Calhoon, P.C, and files her Reply in Opposition to Petition for Turnover of Assets,
and in support thereof aver as follows: ~
.o
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part.
It is admitted that "among Decedent's'9sst s
at or immediately prior to her demise was Fifteen Thousand ($15,000) in cash and
[sic] artwork, curios, household goods, furnishings and other personal
possessions." It is denied that said items 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." As Petitioner is well
awaze, it was Respondent who advised Petitioner and their sibling, Jacob
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Kissinger that the Decedent had left $15,000 in cash which she wanted divided
equally between the three children. Petitioner is further well awaze of the fact that
the $15,000 was hidden shortly before the Decedent's death in order to safe guard
the money during a party that was being held at the Decedent's home prior to her
death. Finally, Petitioner is well awaze of the fact that Respondent has been
trying to locate the cash since the Decedent's death. Petitioner would not have
known about the Fifteen Thousand Dollars ($15,000) in cash but for Respondent's
candor in dealing with Petitioner and her other brother, Jacob regazding their
mother's estate, and thus Respondent takes exception to the suggestion that she
has "removed" and "retained" the money. By way of further reply, it is believed
and therefore averred that Petitioner, as well as the other residual beneficiaries of
the Decedent's estate, took certain assets of the Decedent's at or immediately
prior to her demise, including but not limited to certain art work, Japanese
porcelain sets, coins and furniture.
5. The Decedent's Will is a written document that speaks for itself and consequently
Petitioner's characterization of the same is denied.
6. Admitted in part and denied in part. It is admitted that Petitioner and Respondent
have discussed the issue of the Fifteen Thousand Dollazs ($ 15,000) in cash as set
forth in paragraph 4 herein. It is denied that "Petitioner has demanded that
Respondent return the cash to him and to provide an inventory for and tum over
to Petitioner artwork, curios, household good, furnishings and all other personal
property of the Decedent but she refuses to do so." To the contrazy, Respondent
never "refused" to do an inventory and in fact has completed an inventory of the
Decedent's property that she is aware of and a copy of said inventory is attached
hereto as Exhibit "A". By way of further reply, while a similar request for an
inventory was made to Petitioner by Respondent for an inventory of items that he
and/or the residual beneficiaries removed from the Decedent's residence
Petitioner has failed and has otherwise refused to prepaze and provide Respondent
with the requested inventory.
WHEREFORE, Respondent, Juanita M. Panko, respectfully requests that this Honorable
Court deny the relief requested by Petitioner in his Petition to Turnover Assets, and further grant
Respondent all such other relief as is proper and just.
Respectfully submitted,
Date: June 9, 2009 ~ `7~~ ~~, A,.~,,,,,,,, ,,~ ~
Paige Iv~acdonald-Matthes, Esquire
Pa. Attorney I.D. No. 66266
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
(717)540-9170
Attorneys for Respondent, Juanita Panko
VERIFICATION
I, Juanita M. Panko verify that the statements made in the foregoing Reply in Opposition
to Petition for Turnover of Assets are true and correct. I understand that false statements herein
aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
Date: ~ ~ /~~
~~-
Ju M. Panko
CERTIFICATE OF SERVICE
I, Paige Macdonald-Matthes, Esquire, do hereby certify that on this 9~' day of June, 2009,
I served a copy of Respondent's Reply to Petition to Turnover Assets via United States Mail,
First Class, postage pre-paid, to the following person(s):
Richard E. Connell, Esquire
BALL, MURREN & CONNELL
2303 Mazket Street
Camp Hill, PA 17011
Attorney for Petitioner
Paige Macdonald-Matthes, Esquire
~ Inventory Description of Kodak CD * in Harrisburg home
** in home @ 215 North 30"' Street, Camp Hill
1. Teak wood, Bar *
2. Teak wood, Chest of drawers
3. Teak wood, Coffee table
4. "Old World" quilted Tapestry, wall hanging
5. (3) Blue Steins *
6. Service set *
7. (6) Beer Steins *
8. Grave sight of my parents, Mr. & Mrs. Kissinger (in Plainfield, PA)
9. Grave sight, Memorial Day
10. Engraved marble bench, donated by my Mom's brother, Dr. Jakob Gandlmayr
11. Japanese porcelain lamp *
12. Metal depiction of the 4 seasons, wall plaque
13. 2nd Japanese porcelain lamp *
14. (2) Oil paintings, by Karl Vikas (1896) *
15. Bowl, Stein, vase, (3) prayer books
16. Mugs, goblets, vase, silver pieces, blue china box, blue glass plate, porcelain
Bowls, wooden box *
17. Copper plate, brass box with AM engraved (My mother's mother's initials,
Which stand for Marianne Angermeyer),3 drawer wooden box, wax heart,
Pink china bowl, pink thimble case *
18. Shelf displays wooden duck flask, Hummel box, 3 wicker baskets *
19. Shelf displays my collection of dolls and boxes. Added: Japanese figurines, hut,
dolls & pin cushion, School stamp dispenser, Multi-colored bird, wax mold *
20. Shelf displays: Opa's "Goad" stick, black Saki cup, St. Christopher and Angel,
Wooden "gold & floral" 2 drawer box, Jesus on cross display, Salzburg City
Painted on a small box, wooden box in rear, Austrian wooden house
21.2 framed stitchery wall hangings from Oma's family possessions *
22. (4) blue pillows
23. (2) of Oma's eye glasses, 2 rosaries, wrist bracelet, authentic "Edelweiss" inside
Plastic bag, necklace, a pin with Oma's initials on it (AMK) *
24. Jean Sloop's gifts of sterling silver jewelry to Oma, 3 earring sets, 3 necklaces,
4 pendants, Opa's Army pin, a Mt. Fuji patch, and 140d' Airborne pin *
25. View of back porch. 9 piece wicker furniture **
26. Dining Room. 2 chairs on (I.), curio, wooden table on ® **
27. Curio, candle holders on top, various Japanese dolls, black Saki glasses, blue
Painted plate, black plate, more Saki tea sets, various plates, vases, Birthday
Plates and serving utensil **
1 7'he Kodak m will be provided to opposing counsel at a later time.
28. Sterling Silver in opened box **
29. Gray china plates, bowls, cups, etc. **
30. Kitchen. black stove, coffee maker, toaster, clock, light fixture on wall, table and
2 chairs, dishwasher **
31. Kitchen. Refrigerator, fire extinguisher. **
32. Bathroom. Shower, toilet, sink, towels **
33. Offxe. TV, 4 drawer wooden chest, small end table under window **
34. Office. Numerous wall Photos, lamp, clock, desk, chair, chandelier **
35. Office. 2 hat racks, hats, mirror on wall, 1 clock under the mirror **
36. Living Room. 1 door plaque, 1 white lamp, TV wnsole, 1 small end table,
Red Persian rug **
37. Living Room. 1 red chair. **
38. Living Room. White curtains/drapes for 3 windows, bookshelf with
Numerous books, white couch **
39. Upstairs. Linen closet, sheets, towels, bedding, toiletries, tablecloths **
40. Msater Bedroom. Curtains and shades for 4 windows, door plaque, one
Standing lamp, edge of king sized bed * *
41. Closet. Opa's closet still has some of Mom and Dad's clothes inside **
42. 1 large wooden bedroom chest, with glass window/ photos 8c books,
Middle section has drawers, bottom has shelves *
43. Shows turquoise colored window dressing, K-sized bed *
44. Bedroom # 2. Window shades for 2 windows, 2 white lamps, 1 coat rack **
45. Bedroom # 2. TV on TV stand, 1 lamp, 2 small book shelves, 1 end table **
46. Bathroom, upstairs. 1 lace window curtain & shade, 1 lace shower curtain,
Yellow wicker trash can, white wicker magazine holder * *
47. Bedroom # 3. 1 white wicker lamp, 1 white table, 1 brown chair **
48. Wooden chandelier in dining room *•
49. Basement. Picture wall display of Oma's Austrian family geneology * *
50. Basement. Photo shows items on top of shelf, bowls, pans, wicker plates,
Thermos, tins, decorations, inside are candies and dishes **
51. Basement. Stereo, 3 drawer wooden chest with tablecloths inside, wall photos
Of Opa's military service, Opa's casket flag, window curtain * *
52. Basement. 2 single beds, 1 small night stand, 1 animal hide on wall •*
53. Basement. 1 YWCA brick, photo collage, Junie's Wedding portrait, big collage
Flag, Opa's military photos, last family picnic photo * *
54. Basement. 1 wooden rocking chair with green plaid cushions **
55. Basement. Laundry corner, washer, dryer **