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Home My WebLink About02-03-10IN RE ESTATE OF IN THE COURT OF COMMON PLEAS ANITA M. KISSINGER CUMBERLAND COUNTY, PENNSYLVANIA N0.21-08-0926 ORPHANS' COURT DIVISION MOTION TO QUASH A NOTICE TO PRODUCE AND NOW, this 3`d day of February 2010, comes Lester G. Kissinger, Jr., Movant, by his attorneys, Ball, Murren & Connell and pursuant to Pennsylvania Rules of Civil Procedure 234.4, files a Motion to Quash a Notice to Produce for the following reasons. 1. The Judge before whom this matter pends is the Honorable Edward E. Guido. 2. On February 3, 2010, counsel for Juanita M. Panko, Petitioner in the aforesaid matter, forwarded (via fax) to counsel for Lester G. Kissinger, Jr., a Notice to Attend (copy attached) a hearing before the Honorable Edward E. Guido on February 8, 2010 and directing Mr. Kissinger to bring financial and or accounting records, billing records and other materials specifically described as follows: (a) All check book registers for any and all bank accounts ~ . :3 ~ a ~ _~ , r opened in the name of Lester G. Kissinger Executor of ~ ~ ~~ = ~ ~ ~ r~~ c~ r ~ ~, ~ , ~ , ,, the Estate of Anita M. Kissinger between September 5 c - ~ ~ ~ ~=~ , ~-; , , , -- ~~ i. ~, ..'~ r^ v 2008 and the present; .,... ~~ -~•-i G? ~ , , ,' ==~=• r"~", ~, N ::, 3 C.;,.~ _. ~,.~ (b) All check book registers for any and all bank accounts opened in the name of the Estate of Anita M. Kissinger, Deceased; (c) All check book registers for any and all bank accounts managed by Lester G. Kissinger on behalf of the Decedent, Anita M. Kissinger between May 1, 2008 and the present including but not limited to the Decedent's Member's 1St Account No. 273535-11; the Decedent's Members 1St Money Management account; the Decedent's Members 1St Checking account; and the Decedent's Members 1St Regular Savings account; (d) Copies of all bank statements issued by Members 1St Bank for the Decedent's Member's 1St Account No. 273535-11; the Decedent's Members 1St Money Management account; the Decedent's Members 1St Checking account; and the Decedent's Members 1St Regular Savings account between May 1, 2008 and September 5, 2008. (e) Copies of all bank statements for the "Estate Checking Account" opened on or about September 15, 2008 by 2 Lester Kissinger from funds transferred out of the Decedent's Members 1St Bank account on even date. (f) Copies of all checks issued on behalf of the Estate of Anita Kissinger and made payable to Richard Connell, Esquire (or his law firm) and Dale Shughart, Esquire (or his law firm); (g) Copies of all checks issued on behalf of the Estate of Anita Kissinger and made payable to Lester Kissinger; (h) Copies of personal checks written by Lester Kissinger to Richard Connell, Esquire and/or Mr. Connell's firm; (i) Copies of all invoices for the litigation in the civil matter docketed in the Cumberland County Court of Common Pleas at Docket No. 09-2034 issued by Dale Shughart, Esquire, to Lester Kissinger; (j) Copies of all invoices for legal services rendered by Richard Connell, Esquire and/or other members of his firm between May 2008 to the present to the following: 1. Estate of Anita Kissinger; 2. Lester Kissinger; and 3. Anita Kissinger. 3 (k) Copies of personal checks written by Lester Kissinger to Dale Shughart, Esquire and/or Mr. Shughart's law firm. 3. It is submitted that the production of the requested documents should be proscribed until the Court has determined whether the Petition for Interim Accounting which is subject of the February 8 hearing will be granted. 4. Considering that the matter to be heard has been scheduled for nearly three months, the demand mere days before the hearing for production is clearly intended to harass, inconvenience and impose an undue burden upon Mr. Kissinger. 5. The demanded records go far beyond the nature of relief sought in the Petition for Interim Accounting and should thereafter be proscribed. By way of example, the notice refers to check registers and bank accounts prior to the date of decedent's death (Item (c) of Notice); bank statements between May 1, 2008 and September 5, 2008 a period before the decedent's death and prior to his appointment as Executor (Item (d) of Notice); and for copies of personal checks written by Lester Kissinger to the undersigned without any limitation as to time, scope or relation to the underlying matter. 6. This fishing expedition is unreasonable and oppressive. Its focus is unrelated to the Petitions to be considered by the Court and the inquiry, if allowed at all, should be entertained only after the Court has ruled on the subject petitions. WHEREFORE, for the foregoing reasons, Movant requests that this Honorable Court bar the demanded production. 4 Respectfully Submitted: -__...~ Richard E. Connell, Esquire I.D. # 21542 Ball, Murren & Connell 23 03 Market Street Camp Hill, PA 17011 (717) 232-8731 Date ~.eua~ ,,,3 c ~ ~~ ~ Attorney for Movant Lester G. Kissinger, Jr. Executor of the Estate of Anita M. Kissinger CERTIFICATE OF SERVICE I, Richard E. Connell, Esquire, herby certify that I have on the below date caused a true and correct copy of the foregoing Motion to be served on the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PRE-PAID ADDRESSED AS FOLLOWS: Paige Macdonald-Matthes, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. 2080 Linglestown Road - Suite 201 Harrisburg, PA 17110 Date /~~.u~,..~,~ o~a/j} Richard E. Connell, squire FEB. 3. 2010 1:11 PM S. S. B. & C. Hbg, Pa. 1711 ~ N0. 5294 P. 3 YN I2E: ESTATE Or AIVITA M. : I)\1 ~'DE COYTRT Op' COMMON PLEAS ICYSSINGEZt, DECEASED : CUMBERLANb COUIVT'Y, PENNSYLVANIA DOCKET N0.2I-08-0916 ORPHANS' COURT DIVISION AMENDED NOTICE TO AT'T'END TO: Lestex Kissinger c/o Richard E. Connell, Esquire BALL, IvIUI~EN ~ CONNELL 2303 Market Street Camp Hill, PA 17011 'You are directed to come to the Cumberland County Courthouse, Carlisle, Pennsylvania, before the Honorable Edward Guido, on Monday, February 8, 2010 at 9:30 A.M., to testify on behalf of Juanita M. Panko in the above case and remain until excused. ~'ou are further directed to bring with you copies of the following documents: (a) All check book registers for any and all bank accounts opened in the name of Lester Cl. Kissinger, Executor of the Estate of Anita M. Kissinger between September 5, 2008 and the present; (b} All check book registers for any and all bank accounts opened in the name of the Estate of Anita M. Kissinger, Deceased; (c) All check book registers for any and all ba~tic accounts managed by Lester G. Kissinger on behalf of the Decedent, Anita M. Kissinger between May 1, 2008 and the present including but not limited to the Decedent's Member's 1 S` Account No. 273535-11; the Decedent's Membezs ls` Money Management account; the Decedent's FEB, 3, 2010 1:11PM S. S, 8, & C, Hbg, Pa. 17110 N0, 5294 P, 4 lVlembers 1 s` Checking account; and the Decedent's Members 1st Regular Savings account; (d) Copies of all bank statements issued by Members 1 s` Bank for the Decedent's Member's 1 S` Account No. 273 535-11; the Decedent's Members 1"Money Management account; the Decedent's Members 1 ~` Checking account; and the Decedent's Members 1 s` Regular Savings account between May 1, 2008 and September 5, 2008; (e) Copies of all bank statements for the "Estate Checking Account" opened on or about September 15, 200$ by X..ester Kissinger from funds transferred out of the Decedent's Members 1 S` Bank account on even date. (f) Copies of all checks issued on behalf the Estate of Anita Kissinger and made payable to Richard Connell, Esquire (or his lave firm,) atld Dale Shughart, Esquire (or his law firm); (g) Copies of all checks issued on behalf of the Estate of Anita Kissinger and made payable to Lester Kissinger; (h) Copies of personal checks written by Lester Kissinger to Richard Connell, Esquire and/or Mr. Connell's firm; (i) Copies of ail invoices for the litigation in the civil matter docketed in the Cumberland Cownty Court of Common Pleas at Docket No. 09-2034 issued by Dale Shugliart, Esquire to Lester Kissinger; (j) Copies of all invoices for legal services rendered by Richard Connell, Esquire and/or other members of his firm between May 2008 to the present to the following: 1. Estate of Anita Kissinger; FEB. 3. 2 010 1: 11 PMT S. S. 8. & C. H b g, P a. 11110 2. Lester I{issinger; acid 3. Anita Kissinger. N0. 5294 P, 5 (lc) Copies of personal checks written by Lester Kissinger to Dale Shughart, Esquire and/or Mr. Shughart's la'~- firin. If you fail to attend and bring the requested documents as required by this Notice to Attend, you maybe subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. Date: February 3, 2010 Respectfully submitted, •w..C(1 WWI.~Af`1AlJ A.11 1 ~ ~ w ~ w~ P~uge Macdonald-Matches Attorney ID No. 662G6 SERRATELLI, SCHIFFMAN, BROWN & CALI-i00N, P.C. 2080 Linglestown Road I~arrisburg, PA 17110 (717) 540-9170 Attorney for Juanita M. Panko