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HomeMy WebLinkAbout07-29-09iN RE: IN THE COURT OF COMMON PLEAS OF ANITA M. KISSINGER, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED 21-08-0926 ORPHANS' COURTS ~ © .[7 ;, ORDER OF COURT ~' ~,~ `~ ~ r~ AND NOW, this 28th day of July, 2009, upon consideration of Execufior;~ste~` _; Kissinger's Petition for Turnover of Assets, Juanita Panko's Motion to Disgt~hfy rn v~ Executor's Counsel, and Juanita Panko's Petition for Inventory of Assets, and after status conference with counsel this date, IT IS HEREBY ORDERED AND DIRECTED that a hearing on this matter will be held on October 26, 2009, at 10:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. This hearing will be conducted in order to ascertain the whereabouts of items which belonged to the deceased. The Court will specifically address the whereabouts of a charcoal drawing by Emile Witsaek, a silver tea service, 4 Japanese sake sets and $15,000 in cash. Lester Kissinger, Jr., Juanita Panko, and Jacob Kissinger shall be present at the hearing and be subject to questioning regarding the whereabouts of the above stated items and what efforts, if any, were made to locate them. Additionally, if desired by any party, the Court will allow the spouses of these individuals to be subpoenaed and questioned regarding the whereabouts of the items. Each witness will be questioned under oath and subject to the penalties of perjury. IT IS FURTHER ORDERED AND DIRECTED that the second part of the hearing will then address Juanita Panko's Motion to Disqualify the Executor's Counsel, Richard Connell. IT IS HEREBY FURTHER ORDERED AND DIRECTED that the parties in this case file apre-hearing memorandum with the Court on or before October 16, 2009 in the following format: I. A concise statement of factual issues to be decided at the hearing. <:.~ II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, ''l M. L. Ebert, Jr., J. Paige Macdonald-Matthes, Esquire Attorney for Juanita Panko Richard E. Connell, Esquire Attorney for Lester G. Kissinger, Jr. bas ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ANITA M KISSINGER, DECEASED CUMBERLAND COUNTY PENNSYLVANIA NO. 21-08-0926 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 07/28/09 JUDGE'S INITIALS: MLE TIME STAMP DATE: 07/29/09 IN RE: ORDER OF COURT SERVICE TO: PAIGE MACDONALD MATTHES ESO RICHARD E CONNELL ESO METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 07/29/09 SERVICE TO: ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~ Deputy Clerk of Orphans' Court