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HomeMy WebLinkAbout06-29-09PETITION FOR CITATION TO COMPEL PRODUCTION OF WILL BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA o IN RE: LEOTA L. SCHINDLER, DECEASED ~ ~ c ti r ; NO. (.P OF 2009 ~cn~ ~ `~; a -„ PETITIONERS: DAVID M. SCHINDLER and DONALD STEFAN SCHIIR = - , .F' -.P RESPONDENT: DANIEL L. SCHINDLER To the Honorable Glenda Famer Strasbaugh, Register of Wills of Cumberland County, Pennsylvania: The Petition of David M. Schindler and Donald Stefan Schindler for issuance of a citation directed to Daniel L. Schindler, to compel production of the Last Will and Testament of Leota L. Schindler, under 20 Pa.C.S.A. §3137, is as follows: 1. Leota L. Schindler, the above Decedent, died on May 4, 2009. 2. At the time of her death, the Decedent maintained her principal residence at 2875 Sunset Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 3. The Decedent is survived by the following adult children: A. Daniel L. Schindler, having an address at 113 Horizon Lane, Flat Rock, North Carolina 28731. B. David M. Schindler, having an address at 3833 Chipman Road, Easton, Pennsylvania 18045. V C. Donald Stefan Schindler, having an address at 5 South Chestnut Lane, Ambler, Pennsylvania 19002. 4. Prior to the death of the Decedent Leota L. Schindler, to wit: on the 21a` day of March, 2007, Decedent executed her certain Will, a true and correct photocopy of which is annexed hereto as Exhibit "A". 1n said instrument Leota L. Schindler, now deceased, gave, devised, and bequeathed her entire estate (after payment of expenses by her estate, and excepting the bequest of a certain piece of jewelry to the Decedent's niece, Karen Schmit) to the Petitioners, David M. Schindler and Donald Stefan Schindler, and Respondent, Daniel L. Schindler, in equal shares. 5. On or about May 7, 2009, Respondent, Daniel L. Schindler directly and orally informed Petitioner David M. Schindler that Leota L. Schindler had signed a new and substitute Last Will and Testament, wherein he, Respondent, Daniel L. Schindler, was named as Executor. 6. If such indeed occurred, Petitioners believe such occurred between February 14, 2009, and May 1, 2009, inclusive. 7. At the time of her death, the Decedent, Leota L. Schindler, was seized of certain personal property, including sundry financial assets, money on deposit, cash, and personal effects, all of which (excepting only such tangible items then being transported by, or caused to be transported by, Respondent Daniel L. Schindler in the course of a trek from Cumberland County, Pennsylvania, to Flat Rock, North Cazolina, at the insistence of Respondent Daniel L. Schindler) were located in Cumberland County, Pennsylvania. In order to collect such items and to perfect the title of the Decedent's beneficiaries, including but not limited to your Petitioners, it is necessary that the true Last Will and Testament of Leota L. Schindler be produced for probate and that Letters Testamentary be granted thereon in this jurisdiction. 8. After Leota L. Schindler executed the above-referenced Will dated March 21, 2007, she kept the original Will in a safe deposit box at PNC Bank, 4242 Carlisle Pike, Hampden 2 Township, Cumberland County, Pennsylvania. Petitioners believe, and therefore aver, that in or about February 2009, and thereafter, Respondent Daniel L. Schindler, after having little or no involvement with Leota L. Schindler and her affairs for several years, inserted and immersed himself into the personal affairs and day-to-day events of Leota L. Schindler and, consequently, came into possession and control of the aforesaid Will dated March 21, 2007. 9. If the oral assertion made by Daniel L. Schindler to David M. Schindler, on or about May 7, 2009, indeed was true, then Daniel L. Schindler also has come into possession and control of such substitute and superceding Last Will and Testament, as aforesaid, executed between February 14, 2009, and May 1, 2009, inclusive. Daniel L. Schindler has neglected and refused, and still neglects and refuses, to produce the true Last Will and Testament of Leota L. Schindler, Decedent, for probate, although repeatedly requested to do so by your Petitioners. WHEREFORE, your Petitioners, David M. Schindler and Donald Stefan Schindler, pray that a citation be issued, under the provisions of Section 3137 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. §3137, and directed to Respondent, Daniel L. Schindler, to show cause why he should not produce the true Last Will and Testament of Leota L. Schindler, deceased, for probate. Respectfully submitted, CUNNINGHAM & CHERNICOFF P.C. By: Jordan D Cunningham, Esquire Pa. Atty. Ident. No. 23144 Marc W. Witzig, Esquire Pa. Atty. Ident. No. 29929 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Petitioners, David M. Schindler and Date: June 24, 2009 Donald Stefan Schindler EXHIBIT "A" ., LAST WILL AND TE T MFNT i~F.OTA L. SCHIIVDLFR I, Leota L. Schindler, of 2875 Sunset Drive, Camp Hill, Cumberland County, Pemrsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish, and declare this as and for my Last Will and Testament, hereby revoking any and all prior Wills, and any and all Codicils thereto, by me at any time heretofore made. I direct the payment of my debts and the expenses of my last illness, funeral and transportation of my remains from my estate as soon after my death as conveniently may be done, I desire my remains to be interned beside those of my late husband, Tobias Schindler, in Cherokee, Iowa, I authorize my personal representative to expend funds from my estate to pay for the opening of the grave. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirabio, for the inscription of the marker for my grave. I give, devise aad bequeath, my Decoration of Chivalry pin to my niece, Karen Schmit, provided that she is living on the ninetieth (90) day after the date of my death. I give, devise and bequeath, all the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, in equal shares, to my children, Daniel L. Schindler, David M. Schindler, Donald I. Schindler(also known as Stefan Schindler), provided that they are living on the ninetieth (90) day after the date of my death. In the event one of my children dies before me or within ninety (90) days of the date of my death, then in that event, the deceased child's share of my Estate shall be divided equally amount my surviving children, share and share alike. The interests of the beneficiaries hereunder shall not be subject to anticipation nor to voluntary or involuntary alienation. I direct that no Trustee, Executor, or other fiduciary named, nominated, or appointed in this, my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any Iaw or rule of Court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. My Executor and Trustee shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, persona! and mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without Court approval, and effective, with respect to each items of said property, until actual distribution thereof I. To retains as investments of my estate or mast, any or all assets of my estate, real, personal or mixed, without regard to any principle of diversification, and to purchase and acquire real or personal property, and to hold any or all of such real and personal property retained or acquired without making the same productive of income. II. To permit the children, or any of them, to occupy any real estate retained or acquired upon such terms and conditions as my Trustee or Executor shat! deem proper. III. To pay all taxes, charges, and expenses of maintenance, upkeep, improvement, development, protection, preservation, and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said Trustee or Executor shall determine. IV. To retain, sell or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or shareholder in any corporation; and to least, mortgage, pledge, give options upon or sell at private sale, not a public auction, and without approval of any Court and without any responsibility to the buyer or buyers to see to the application of the purchase price, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was acquired by my said Trustee or Executor. In the event of the public sale of my jewelry, I direct my Executor to consign such jewelry to the Jeweler's Bench in Hershey, Pennsylvania for disposition. V. To make any payment or distribution herein provided for in cash, kind or pertly in cash and partly in kind, at valuations frxed by my Trustee or Executor at the time of distribution. Any and al! payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to a beneficiary, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge or obligations of any beneficiary, and shall not be subject to any execution or attachment. No provision in this Will is intended to exercise a~ power of appointment. I nominate, constitute and appoint Clarence Asbury as Executors of this, my Last Will and Testament but in the event Clarence Asbury predeceases me or for any reason fail to qualify as such Executor, or having qualified, fail to serve as such Executor, then I nominate, constitute and appoint Jordan D. Cunningham, Esquire, my surviving Executor of this, my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the margin for the purpose of identification, this ~ 1 s f day of March, 2007. ~.~ <'..~ ~ ne ~ f~ SEAL) L h L. Schindler Signed, seated, published and declared by the above named testator as and for his Last Will and Testament, in the sight and presence of us, who at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. w~G+n `~ • •ilshti n c WITNESS _~ ~ .t.L~ iF'1/Y(~ t~ ? '7pX WI SS WITN E COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss; I, Leota L. Schindler, testatrix, whose name is signed to the attached or foregoing instrument, having ban duly qualified according to taw, 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. L~ota L. Schindler .~ Sworn or affirrned to and acknowledged before me, by Leota L. Schindler, the testatrix, this ~ day of March, 2007. NOTARY PUBLIC ONWEALiri OF PENN9YLVAN~q mot, AI~nEer, Mnrtitylvenie AeeoCietbn of NoterlN COMMONWEALTH OF PENNSYLVANIA ss; COUNTY OF DAUPHIN We, the undersigned, being the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we wore present and saw the testator sign and execute the instrument as his Last Wilt and Testament, that be signed it willing and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Last Will and Testament as a witness; and that to the best of our knowledge the testator was at that time eighteen (18) or mom years of age, of sound mind and under no constraint or undue influence. WITNESS: ~~~~ ~~~ Imo(' Ln ~ . ..I ~ i3Y1-mil (NemC) .~ci 2{tin~,~ //~~ ~ ~ Address) I'J-'1G.v1 ~ ' erne) IM NI r ~ ddress) ~~ r ~P ame) ;~ `relb(Address) Sworn or affirmed to and subscribed before me by the above named witnesses, this .~~ Sf day of March, 200'7. ,/~ ., ~:a` %>>+ .CS ~D .sue .,~ s NOTARY PUBLIC COMMONWEACI'M pF PENNSYLVANIA _ Notadal9eel C~ qIX HetryDurg, p ~~~ ~~'^~~~ 1Z00 MamOar, PennayP.anru .iaaociaffCn of NOlalha BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: LEOTA L. SCHINDLER, DECEASED NO. OF 2009 VERIFICATION I, David M. Schindler, verify that the statements made in the foregoing PETITION FOR CITATION TO COMPEL PRODUCTION OF WILL are true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~_ David M. Schindler Date: ~~z y , 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN RE: LEOTA L. SCHINDLER, DECEASED NO. OF 2009 SS: PETITIONERS: DAVID M. SCHINDLER and DONALD STEFAN SCHINDLER RESPONDENT: DANIEL L. SCHINDLER CITATION UNDER 20 PA.C.S.A. §3137 TO DANIEL L. SCHINDLER Greeting: On the Petition of, and at the instance of, David M. Schindler and Donald Stefan Schindler, adult sons of Leota L. Schindler, deceased, and believed to be named beneficiaries under the Will of Leota L. Schindler, deceased, you hereby aze cited under the provisions of Section 3137 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. §3137, to be and appeaz before our Register of Wills for the County of Cumberland, at Glenda Famer Strasbaugh, Clerk's Office, at 1 Courthouse Squaze, Room 102, Carlisle, PA 17013, on the day of , 2009, at o'clock a.m./p.m. (E.D.T.) of that day, and to SHOW CAUSE, if any you have, why you should not produce the true Last Will and Testament of Leota L. Schindler, deceased, whether dated Mazch 21, 2007, or subsequently dated and properly executed and witnessed, for probate, and generally do and abide all orders of the said Register in the premises. And herein fail you not at your peril. WITNESS, Glenda Farner Strasbaugh, Register of Wills, in the seal of her office at 1 Courthouse Square, Room 102, Cazlisle, Pennsylvania 17013, the _ day of the yeaz of our Lord two thousand and nine (2009). in (Deputy) Register BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: LEOTA L. SCHINDLER, DECEASED NO. OF 2009 PETITIONERS: DAVID M. SCHINDLER and DONALD STEFAN SCHINDLER RESPONDENT: DANIEL L. SCHINDLER CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary with the law fum of Cunningham & Chernicoff, P.C., hereby certify that on the 29'" day of June, 2009, a true and correct copy of the foregoing PETITION FOR CITATION TO COMPEL PRODUCTION OF WILL and companion proposed CITATION were served by depositing the same in first-class U.S. Mail, postage prepaid, and via U.S. Certified Mail, Restricted Delivery, addressed to: Mr. Daniel L. Schindler 113 Horizon Lane Flat Rock, NC 28731 CUNNINGHAM & CHERNICOFF, P.C. By: Stacy A. S enberger