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HomeMy WebLinkAbout06-17-09iN KE: ESTATE OF ANITA M. : IN THE COURT OF COMMON PLEAS KISSINGER, DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.21-08-0926 ~.z -a ~~ .~ c., -.~ _., , ~~ __ _ :=~ _ r7 _- t-,, ~., _, ~ _, ~~ ~a~ ORPHANS' COURT DIVISION _' ~_~_`~ .~ ==:~sn ~ : c_ ~ --a PETITION FOR INVENTORY OF ASSETS t-= `-~_~ r _ --~ :-~'~ tv AND NOW, this 15t" day of June, 2009, comes the Petitioner, Juanita M. Panko, bind through her counsel, Serratelli, Schiffman, Brown & Calhoon, P.C., and this and files her Petition for of Assets and in support thereof aver as follows: 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 and is marked as Exhibit «A » 2. Juanita M. Panko (hereinafter "Petitioner"), is the daughter of Anita M. Kissinger, (Deceased) who resides at 2153 Bordeaux Court, Harrisburg, Dauphin County, Pennsylvania. 3. Respondent, Lester G. Kissinger, Executor, an adult individual with residence al 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 "B." 4. Among Decedent's assets at or immediately preceding her demise were, inter alia, artwork, curios, household goods, furnishings and other personal possessions. Petitioner believes and therefore avers that these items were removed from Decedent's place of residence immediately prior to her death by Respondent and/or his agents, servants, employees or members of his family or which have been retained by the Respondent and/or his 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 the 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 provide an inventory of the Decedent's artwork, curios, household goods, furnishings and all other personal property in his possession as above described, as well those assets of the Decedent's that are believed to be in the possession of their sibling, Jacob Kissinger, but he refuses to do so. WHEREFORE, Petitioner, Juanita M. Panko, respectfully requests that this Honorable Court award a citation directed to Lester G. Kissinger to show cause why he should not provide an inventory for the artwork, curios, household goods, furnishings and all other personal property in his possession or control, or in the possession or control of Respondent's agents, servants, employees or members of his family to insure the proper administration of the Decedent's Estate and to further insure the distribution of the Decedent's assets in accordance with the Decedent's Will. Respectfully submitted, Date: June 15, 2009 ~, ~~ ~~~s~-~-.~;~,.,.~„~ Paige Macdonald-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 Petitioner, Juanita Panko CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, do hereby certify that on this 15th day of June, 2009, I served a copy of Petition for Inventory of Assets via United States Mail, First Class, postage pre-paid, to the following person(s): Richard E. Connell, Esquire BALL, MURREN & CONNELL 2303 Market Street Camp Hill, PA 17011 Attorney for Respondent Paige Macdonald-Matthes, Esquire VERIFICATION I, Juanita M. Panko verify that the statements made in the foregoing Petition for Inventory of Assets are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to Lmsworn falsification to authorities. Date: ~ ~ ~~Q/ ~~~~ LAST WILL AND TBSTAMF'NI' OF ANITA M. KTSSINGER I, ANITA M. KISSINGER, a resident of the CaYranonwealth of Pennsylvania, being of sound and dis posing mind and memory, do hereby make. publish and declare this instrument to be m Y LAST WILL AND TESTAMENT. I hereby revoke any and alI wills and codicils heretofore made. r IDENTIFTCATTONS AND DEFINITIONS T am married to TIESTER G. KISST "mY Spouse." We have three children~R, hereinafter referred to as JUANITA M. KISSINGF.,R and JA ~ LESTTRR G. ISISSINGER, JR. , to "my Children" include these three~hY~ ~n ~fe nycotY~er ~awfuWlll children born to or adopted ~, me. 1 The following definitions obtain in any use of the terms in this Will: 1. "Descendants" means the i'diate and remote lawful, lineal descendants of the person referred to those descendants in being at the time the and it means ascertained in order to give effect to theyreference to them, whether they are born before or after 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 sti not in accordance with the rule of riles distribution and distribution. Persons 1 per capita of fourteen years shall notlbe d~fperentiatednf omtbloode descendants for any purpose. 2. "Survive me" is to be construed to mean that the referred to must survive me by thirty days. If therson Perm referred to dies within thirty days of my death, the reference to him shall be construed as if he had failed to survive me. ~. As used in this Will "his," and the like shall bertaken~as generichar~ ~thim," applicable to a natural person of either sex or a corporate perso:: or u~c2er 1 , . e~a.r. en~xty. ., ~: ~ - Y~ PAYI+IEN'I' .OF DEBTS At~tD 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 far the purpose of corrputing taxes, My executor shah. 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 ESTA'I~E A. Y define "my Residuary Estate" as all of my property after the payment of debts and taxes under Article zz 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 T 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. Z give my Residuary Estate to mY Spouse if he survives me. C. If my Spouse does not survive me, I direct my Execrator 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 1iv~_ng descendants of each of my Children who do not survive me. S~7 APPOIN`T'MENT OF EXECU'InR '. I nominate and appoint my Spouse, LESTER G. KISSINGER, as Executor of .his my LIa,ST WILL AND TESTAMENT. I~ LESTER G. KISSINCxER zs`tun~~.e or unwilla.ng to serve zn;~this- capacitor,. x appoint my son, Is~ ~~ n~I~~~~C?,y ~t ,. to s~rv~ instead I; aiec~,aest that my } ;~ z~4+~ ~~~,r~P~~~ak, ~~~'~~ ~~~,~'~~~~~~ira~ty'~aYid or ~~~~' thereon. I ~~ ~ ~~'`` ) ,y„. ~~`r ~.~ ~~~~;~~~+,~. ~'`~-'1 ~r~'s ~r~~ ~.`n .Yrs opin~.on 'v .; 43`,x.-u~u.3~~:~'~a. z~uL v ~ i ~ .~ t~t~ '~~` nx.-,".1 . ,. ~ t., .. ~. 7 ~~~tty,~ ~ :~`_w.~.•. ._ . h. _ ~x M.~Vw4~~4sw.o'H ~. t~A ^)a. .:. ___ ''•__`,' •_v ...w~..''.,~..~~~~a1.4,v ~of`ry,r.~w~ :.. _.. ,; - '~tfi~"'~"~~'~~r"ap~3`L' a aut~ri~~..,~.~h~tz~ ~e~ order.... _ . °f ate' cart a~ upon. such terms arm urx3er such conditions, as my .~..xxecutor sha~.l deem best for the proper settlement of my estate; to bargain, sell at public ar private sale, convey, transfer, deed, ;; . ` It 44 ,t I -' - c. x.,.-~~ & ._.. .. .. .,. ,. ., >., i< .n.!;~z~ ..;qtr: _. ~?ra r.:.:.. s.. .. 4 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 ar~y other purpose. Without in any way l.i.miting 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 restric~ians incident to executorship, whether imposed by common law or statute.;: xn the execution of his duties and powers as Executor Yie shall h~~e the power to corrq~ly with all legal requirements as to the executioii~a 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 W~-3EREOF, I have at Carlisle Barracks, Pennsylvania, this .~ ~.. day of .....~ ,......, 1981, set my hand and seal to this my LAST WILL AND TESTAMENT consisting of three (3) typewritten pages. ~ f ANITA M. KISSING~2, Tes ~tor 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 df each other, have hereunto suiascribed our names as witnesses. NAME .. ~-•.~a .. ~, .. . ADDRESS /~ • s •• .,/fir /: OQ~ LPL S~G! ~GCi~/1_5~P•~~{f; ac~'SI ! ,,~ COMMONWEALZ~I OF PII~INSYLVANIA) ss. ....._._...~_.........,1...~., ...,~.~i...,. COUNTY OF Cf.~3ERLAND ) I, ANITA M, KTSSINGER, 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 any free and voluntary act for the purposes therein expressed. Sworn or affirmed to and ackn~rledged befo a me, by ANITA M. KISSINGE.i2, the Testator, this .~;`~, _ day of !r{a~ . r , ...... . ., 1981, (SEAL) ANITA M. KISSINGER, Vii" ~' Testator Notary Public ._ {aorta A, Gabner, Affidavit hio~ C~mmP~ nrwp" um ~ ~~Cou COMMONWF,A,LTH OF P~SYLSTANIP,) Aiember, ponnsydvanta pir6s Feb. 5, 298 ~ COUN'T'Y OF C[:~93FRL,~,ND ) ss' Associstio,~ ~! h~oiar.'~ We, ,~DSf=~ ~ . ~~ i I Z C~.2a-c ~ yy ,~ ,p ~ .... . ~Chde! k. .. ... :.:~.:~ ;~ a ~ . , and. ~~`-~.r=~:: ~..... , the witnesses whose names are ~ signed to the attached or foregoing instrument, being dul do depose and say that we were present and sawuTestatorasignda dexecute the instrument as her Last will; that ANTTA M, KISSTIQGER, 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 urger no constraint or undue influence. Sworn or affirmed to ~.nd bscribed to before pp~ /~ ~• .~:~.?; ~-,, ;'~2;~c::"r/ . ~`:. e by 1:, s witnesses, this ~•`~~: ~ 5... , and .:. ~~~;~~%~;/~7r;lr ;fir' ::~ day of .. ,.l?`j~': f :..... . , 1981. • . /~}~ ... ... WI S ~ ... ..... ~L~~~ .WITNESS ~~ ,1• • - ~,T,~S ...... - - (SEAL) otary Public '-'°` N°~y ~ el ~w~r ~~ Pu(~. missio p' um nand ~~ber, Pen,:e- .,, ~ Ezpfr~ Feb 5 1 88Ky • ace,~~AtIl10 bf Mote.. REGISTER O~ UVILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE ®I? GRANT OF LITTERS, No. Zoos- 00926 PA No. 2~- OS- 0926 Estate Of : AN1TA M KlSS1NGER (First Mldd/e Lasfl Late Of : CAMP H1LL BOROUGH CUMBERLAND COUNTY Deceased Socx a.1 Securi ty No : 202-36-5289 WHEREAS, on the 35th day of September 20x8 an instrument dated May 29th 198. was admitted to probate as the .fast wi~..~ of AN1TA M KlSS(NGER fFirsl, Middla, Lasd Zate of CAMP HILL BOROUGH, CUMBERLAND County, who d.2ed on the 5th day of ,September 2008 acid WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wi ~ Is in and far CIIMBERLAIVD County, zn the Commorsweal th of Pennsy.~ vania, I~iere.by certify that I have this day granted Letters TESTAMENTARY to: LESTER G KISSINGER JR who has du.iy qua,Iified as EXECUTOR(RIX1 and has agreed to administer the estate according to law, a.~i of which fully appears of record in my office at CUMBERLAND COUNTY COURT NOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I ha,cre hereunto ,set my hand and aff.zxed the sea. of my office on the 15th day of Sepfembe~ * *NOTE* * ALL NAMES ABOVE APPEAR {FIRST, MIDDLE, LAST)