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HomeMy WebLinkAbout97-0716 t..~ ~~~ ~... ..'..e :: '1 "'S'7 ~ p~ - 7 »" . ~ ` .3 ~ ;'t't . ~y "" L: IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS :CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS NO.: 1997-00716 PETITION TO OPEN ESTATE and SET ASIDE THE FINAL ACCOUNT AND DISTRIBUTION OF THE ESTATE OF PETER N. KUTULAKIS AND NOW, this 23rd day of May, 2011, comes heir Jason P. Kutulakis, and respectfully Petitions This Honorable Court to Open the Estate of Peter N. Kutulakis, and in support thereof avers the following: 1. On August 5, 1997, Peter N. Kutulakis died. See, Death Certificate attached hereto as Exhibit A. 2. Peter N. Kutulakis was married to, but separated for approximately 15 years from, Mary D. Kutulakis at the time of his demise. 3. Peter N. Kutulakis and Mary D. Kutulakis developed a marital distribution plan for their marital assets including both real and personal property. 4. Peter N. Kutulakis resided at 7 East Chapel Avenue, Carlisle, Cumberland County, Pennsylvania at the time of his demise. 5. Mary D. Kutulakis resided at 411 Barnstable Road, Carlisle, Cumberland County, Pennsylvania at the time of Peter N. Kutulakis' death and remained there until March 1999. 6. Jason P. Kutulakis is the sole child of Peter N. Kutulakis and Mary D. Kutulakis. 7. Jason P. Kutulakis is an adult residing in Carlisle, Cumberland County. Pennsylvania. 8. On August 26, 1997, a Petition for Probate and Grant of Letters Testamentary was filed in the Register of Wills Office, Cumberland County, Pennsylvania. 9. Peter N. Kutulakis died testate leaving a Last Will dated November 9, 1992. See, said Last Will, attached hereto as Exhibit B. 10. In approximately 1996, Peter N. Kutulakis and Mary D. Kutulakis met with Jason P. Kutulakis to discuss their estate matters and last wishes. These discussions included the distribution of the real property then owned by Peter N. Kutulakis and Mary D. Kutulakis. 11. Peter N. Kutulakis was crystal clear in his desires to leave all of his personal property and'/2 of his real property to his son, Jason P. Kutulakis. These desires are consistent with his Last Will dated 1992. 12. Peter N. Kutulakis informed Jason P. Kutulakis that he would leave a Will in his Carlisle apartment in a location which would be easily accessible. 13. Following his death, Jason P. Kutulakis gained access from the landlord to Peter N. Kutulakis' apartment. Yet, he was unable to locate any Will. 14. When asked, Mary D. Kutulakis specifically informed Jason P. Kutulakis that Peter N. Kutulakis died leaving no Will. 15. On or about October 2009, Mary D. Kutulakis informed Jason P. Kutulakis that she desired to sell approximately 20 acres of the family farm. 16. On November 18, 2009, Mary D. Kutulakis informed Jason P. Kutulakis that she would not be selling the land to him. 17. On March 15, 2010, Mary D. Kutulakis and Jason P. Kutulakis entered into mediation to attempt to resolve their differences regarding the sale of the subject lands. 18. There were multiple mediation sessions. 19. Since the mediations sessions, Jason P. Kutulakis has obtained a copy of the documents filed in the Cumberland County Register of Wills office involving the Estate of Peter N. Kutulakis. 20. Jason P. Kutulakis found that Peter N. Kutulakis did not die intestate, contrary to what Mary D. Kutulakis had advised him. 21. Only after the mediation in 2010, Jason P. Kutulakis had learned that a Final Account had been in fact filed on August 19, 1999. 22. No spousal election occurred. 23. A surviving spouse may elect to take against the Will, but must do so in writing within six (6) months after the death of the spouse or the date of probate, whichever is later. 20 Pa.C.S.A.§2210. 24. Mary D. Kutulakis failed to submit to the clerk of Orphans' Court a writing evidencing her desire to exercise her spousal election. I. 505 BARNSTABLE ROAD 25. Paragraphs 1-24 are incorporated herein. 26. On July 25, 1996, Peter N. Kutulakis executed an Agreement of Sale to purchase a two (2) acre parcel containing improvements from Thomas M. Place. This parcel is now known as 505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. See, Agreement for Sale, attached hereto as Exhibit C. 27. Jason P. Kutulakis was unaware of the terms of the Agreement for Sale until he recently obtained a copy from the Register of Wills office. 28. The Agreement for Sale provided that, "This Agreement will be binding upon the respective heirs, executors, administrators, successors of the parties hereto." 29. On August 5, 1997, Jason P. Kutulakis acquired an equitable interest in the property at 505 Barnstable Road, Carlisle, PA. 30. Mary D. Kutulakis appears to have acquired ownership of 505 Barnstable Road by Deed recorded May 26, 1998. See, Deed Bk 177, PG 1012 and corrected by Deed BK 268, PG 4376, attached hereto as Exhibit D. 31. It is believed and therefore averred that Jason P. Kutulakis has'/2 equitable interest in the property located at 505 Barnstable Road, Carlisle, PA, pursuant to the Last Will of Peter N. Kutulakis. II. 411 BARNSTABLE ROAD 32. Paragraphs 1-31 are incorporated herein. 33. On October 2, 1965, Peter N. Kutulakis and Mary D. Kutulakis purchased the property now known as 411 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 34. The property was deeded to "Peter N. Kutulakis and Mary D. Kutulakis, his wife," without specific designation of ownership. See, Deed, attached hereto as Exhibit E. 35. At the time of his death, 411 Barnstable Road consisted of 72.550 acres, more or less. See, Exhibit E. 36. It is believed and therefore averred that Peter N. Kutulakis and Mary D. Kutulakis agreed to divide this property as they had been separated for over 15 years. 37. Based upon conversations between Peter N. Kutulakis, Mary D. Kutulakis and Jason P. Kutulakis, it is believed that they agreed to sell a parcel of land, now known as 430 Barnstable Road, with the proceeds solely going to Mary D. Kutulakis. 38. In exchange, Mary D. Kutulakis agreed to move from the farmhouse located at 411 Barnstable Road, Carlisle, Pennsylvania so that Peter N. Kutulakis could relocate back to that house. 39. Based upon conversations between Peter N. Kutulakis, Mary D. Kutulakis and Jason P. Kutulakis, it is believed that they agreed that the remainder of the 72.550 acres would be held by Peter N. Kutulakis and Mary D. Kutulakis as Tenants in Common. 40. On August 5, 1997, Mary D. Kutulakis resided at 411 Barnstable Road. 41. It is believed and therefore averred that in 1998 Mary D. Kutulakis sold 8.18 acres now known as 430 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, in keeping with the plan as devised by Peter N. Kutulakis and Mary D. Kutulakis. 42. It is believed and therefore averred that Jason P. Kutulakis is an heir to '/z of the property formally known as 411 Barnstable Road, Carlisle, PA. III. FRAUD 43. Paragraphs 1-42 are incorporated herein. 44. On August 19, 1999, First and Final Account and Distribution was filed with the Cumberland County Register of Wills. 45. On August 19, 1999, Mary D. Kutulakis resided at 505 Barnstable Road, Carlisle, PA 17013. 46. On August 19, 1999, Jason P. Kutulakis resided at 411 Barnstable Road, Carlisle, PA 17013. 47. The attorney for the Estate, Steven J. Schiffman, Esquire filed a Rule 6.3 Certification asserting that the requirements of Rule 6.3 had been met. See, said Certification, attached hereto as Exhibit F. 48. The Attorney for the Estate filed an Affidavit of Service indicating that the First and Final Account had been served upon the parties in interest. See, Affidavit of Service, attached hereto as Exhibit G. 49. The Affidavit of Service served Jason P. Kutulakis at 505 Barnstable Road, Carlisle, PA 17013. 50. Jason P. Kutulakis did not reside at nor receive mail at 505 Barnstable Road, Carlisle, PA 17013. 51. The Final Account and Distribution appears to have been sent via Certified Mail return receipt requested. 52. Mary D. Kutulakis signed the Certified Mail Receipt for her set of the Final Account and Distribution on September 1, 1999. See, copy of Certified Mail receipt, attached hereto as Exhibit H. 53. Mary D. Kutulakis was not the agent of Jason P. Kutulakis. 54. On September 3, 1999, Mary D. Kutulakis fraudulently signed the Certified Mail Receipt for Jason P. Kutulakis' set of the Final Account and Distribution. See, copy of Certified Mail receipt, attached hereto as Exhibit I. 55. Mary D. Kutulakis failed to provide said Final Account and Distribution to Jason P. Kutulakis. 56. Mary D. Kutulakis failed to inform Jason P. Kutulakis that she had received the Final Account and Distribution. 57. The Final Account and Distribution was mailed to 505 Barnstable Road, Carlisle, PA 17013 as evidenced by the Receipt. 58. It is believed and therefore averred that Mary D. Kutulakis fraudulently held herself out to be the agent of Jason P. Kutulakis in signing the Certified Mail which contained the Final Account and Distribution of Peter N. Kutulakis' Estate. 59. It is believed and therefore averred that Mary D. Kutulakis fraudulently concealed the fact that she had received the Final Account and Distribution which was sent to and intended for Jason P. Kutulakis. See, Exhibit I. 60. It is believed and therefore averred that Mary D. Kutulakis intentionally concealed the fact that Peter N. Kutulakis died testate. 61. It is believed and therefore averred that Mary D. Kutulakis' actions were intended to induce Jason P. Kutulakis not to exercise his rights to the subject real estate. IV. FAILURE TO PROVIDE NOTICE PURSUANT TO RULE 6.3 62. Paragraphs 1-61 are incorporated herein. 63. Rule 6.3 requires that all parties in interest receive Notice that the estate at issue will be closed. 64. Rule 6.3 states that, "No account shall be confirmed unless the accountant has given written notice of the filing of the account and the call thereof for audit or confirmation to [...] every beneficiary, heir or next of kin." 65. Rule 6.3 requires that, "The notice shall state the date, time and place of the audit to the extent then known; shall also state the last day to file objections to the account to in the counties where the local rules require written objections; and shall include a copy of the statement of proposed distribution in counties where accounts are not audited in open court." 66. Jason P. Kutulakis never received the Notice required by Rule 6.3. 67. The Superior Court affirmed the trial court's decision to grant the Petition to Decision to Set Aside the Decree of Distribution ten (10) years after the initial distribution as heirs were not provided proper Notice. See, In re Estate of Alexander, 758 A.2d 182 (Pa Super 2000). 68. The failure to provide proper Notice to Jason P. Kutulakis, pursuant to 6.3, causes the Final Account and Distribution in the Peter N. Kutulakis to be void. See, In re Estate of Alexander, Id.; see also, In re Galli's Estate, 17 A.2d 899 (Pa 1941). WHEREFORE, it is respectfully prayed that This Honorable Court will grant the within Petition to Open the Estate of Peter N. 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PLACE, 530 treason Road, Carlis e, Cumberland County, Pennsylvania, (hereinafter referred to as "Seller") and I'L'1'L+'R N. KU'I'ULAKIS, 7 East Chapel Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Purchaser"). NOW THIS AGREEMENT WI T NESSETH, that the parties herein, for and ia. consideration of the muh.~al covenants contained herein, and intending to be legally be::.nd, hereby agree as follows: 1. Premises Strfld. Seller agrees Ya sell to Purchaser, who Rgrec~s to puxchttsc the real estate located at 505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, together with a home ar~d all improvements situate on said property, the property more specifically described as follows: All that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road; at line of land now or formerly of Herman M. Hurley, et ux; thence by the same, North 74 degrees ~%est 137.5 feet more or less to an old fence at line of land of Peter N. Kutulakis, et ~; thence by the same in a Northeasterly direction along said fence line, 375 feet more or less to a point at line of land now or formerly of Ray M. Albright; thence by tPe sa,:~e, South 20 degrees 52 minutes West, 100 feet more or less to a point in the center line of said road; thence by the same, South 72 degrees 37 minutes West, 297 feet more or less to the place of BEGINNING. BEING the same property which Peter N. Kutulakis and Mary D. Kutulakis, his wife, by their Deed dated April 22, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book O, Vol. 25, page 888, granted and conveyed to Thomas M. Place, mortgagor herein. 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as full consideration for the premises, the sum of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: Page 1 of 3 Pages EXHIBIT "C" A. $253.57 payable to Seller on the first day of each month beginning September 1, 1996. Seller agrees to use this payment to pay the principal and interest on the outstanding mortgage on the property. B. The balance which shall consist of the purchase price less payments rr~ade ors the ~1~~_,~d principal during the period of the contract shall be payable on August 1. 1977. ~` j~ F i `t "~ Upon full compliance with the terms and provisions set forth herein, Seller agrees ~o execute and deliver to Purchaser a deed for said premises, 3. Taxes and Insurance. Purchaser agrees to pay taxes and insurance on said property during the period of `.his contract. 4, ~'ersonal Property. All existing plumbing, heating, lighting fixtures, kitchen appliances, installed carpeting and fixtures are included without warranty in the purchase price. 5, 1~e of Property. Purchaser shall have full use of property including making improvements or alterations in the property during the period of this contract. 6. Iti~k of Loss. Purchaser shall bear risk of loss from fire and other casualty. In the event of damage to tha property by Plre ar ether casualty, any insurance praeeeAs Seller receives from Insurance on the property shall be applied to the purchase price. The Purchaser is purchasing and accepting the property as is. It is understood that these terms constitute the whole Agreement between the Seller and Purchaser and there are no other terms or conditions concerning this transaction. These terms cannot be amended except in writing, signed by the parties. 7. AsSi¢~. 'I'bis /~brecmcnt will he hindini; upon the respective heirs, executors, a<Iminist; ~~to~s, successors of the parties hereto. Page 2 of 3 Pages S.~. in the event that Purchaser violates any ~f the terms of this Afireement, the sums P~~d by Purchaser which have been applied to the mortgage may he retained b}~ Seller as reni or liquidated damages for such breach. Purchaser shall then be released from further liability to Seller. IN WITNESS THEREOF, the parties herein intending to be bound legally hereby set their hands and seals. Witness Witness Seller: Purchaser: .r' Page 3 of 3 Pages '^.~i. L~1l L~rll 'Jf ..-... ~, i ! ~ , " ~ _ f t`, ~ 1 r, Parcel ID No. 46-08-0583-067 File No. OS-0021 iOQa iinY 16 Pfd Z 11 ~j~ ~ ~ ~ ~ L~ ~ made the 10th day of May, 2005 ~Qt~1QQIC MARY D. K[7TULAIQS, widow, of 505 Barnstable Road, Carlisle, PA, 17013 (hereinafter called the Grantor), of the one part, and MARY D. KiJTULAKIS (hereinafter called the Grantee), of the other part, ~IYIIQ~gQt~} that the said Grantor for and in consideration of the sum of NO AND 00/100 DOLLARS ($.00) lawful money of the United States of America, unto him well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has remised, released and quit-claimed, and by these presents does remise, release and quit-claim unto the said Grantee, as sole owner, her heirs and assigns, Ali that certain lot or piece of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania being shown and Lots 2 and A on a Final Subdivision Plan for Mary D. Kutulakis, prepared by Larry V. Neidlinger, P.E.R.S., dated 11/17/97 and recorded 2/9/99 in Cumberland County Plan Book 78, Page 53, being described as follows: BEGINNING at a point in the center of a public road known as Barnstable Road (T-447) at line of land now or formerly of Sylvester Moyer; thence by the same, North 20 degrees West, 413.80 feet to an iron pin at lands of Mary D. Kutulakis; thence by same, North 76 degrees 47 minutes 22 seconds East, 248.90 feet to an iron pin; thence by same and lands 410.70 feet to a of Jason P Kutuiakis and wife, 13 degrees 12 minutes 38 seconds East, point l0 47eminutes 22 seco ds We tb200 feet to a point~fhe POINT AND PLACE OF6 degees ~} `~. BEGINNING. I l~ CONTAINING 2.13 acres more or less. ~..~''~~ BEING the same premises which Thomas M. Place and Grace E. D' y deed dated 5/12/98 and being recorded 5/26/98 in the Office of the Re Ranted and onoveyed Cumberland County, Pennsylvania, in Deed Book 177 age 20T2j gr unto Mary D. Kutulakis, Mortgagor herein. AND BEING a portion of the same premises which Robert R. Line, Jr., and Joan P. Line, by Deed dated 10/2/65 and being recorded in the Office of the Recorder afntDeeansdn and for Cumberland County, Pennsylvania, in Deed Book 21-T, Page 408, gr conveyed unto Peter H. Kutulakis and Mary D. Kutulakis. The said Peter H. Kutulakis ~oox 268 e„ ~~4~'7S ~"~' C~:~ed-c~u~~ ~i;,~r„ EXHIBIT "D" . n Ana nnno ~~za~na PM CUMBERLAND COUNTY died 8!5/97 whereby title became vested by law in his surviving spouse Mary D. Kutulakis. This is a tax exempt transfer of property to accurately describe Lots 2 & A of Plan Book 78, Page 53. E1 ranee ~ ~rGn-}ur Q rP one. ,~ 't-~e ,xr,~ne. ~jtber dTCb ~u'bjett t0 all conditions, covenants and restrictions of record. ~oget~jer ~ltt~j ail and singular the tenements, hereditaments and appurtenances, thereunto belonging, or in any wise appertai ~ terestd toperty, clanm and demand whatsoever as well inlt laweas~m~ and also, all the estate, right, title, , P equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. ~0 ~jabe arib to ~jD[b the said lot or piece of ground described premises together with the appurtenances, unto the said Grantee, his heirs and assigns, forever. ~tt ~ittteg~ ~hereuf, the party of the first part has hereunto set his hand and seal. Dated the day and year first above written. SEALED AND DELIVERED IN THE PRESENCE OF US: ~r / ~ {SEAL} --- R . KUT'U AKIS Commonwealth of Pennsylvania ~ ss County of Cumberland On this the 10th day of May, 2005, before me, the undersigned Notary Public, personally appeared MARY D. KUTULAKIS, known to d {~ that she executed the same for the purposes the~econtained bed to the witrlin instrument, and acknowl g IN WITNESS WHEREOF, I hereunto set my hand official seal. Notary Pu is My commission expires • ..y Deed-Quit Claim 2 OF PENHSn'VANIA COMMONWEALTH notarial Seal public Angela F. Unger, Notary Orrstown 9oro, Franklin C ~ 02008 My Commission Expires pct. tvania psxciatlon of Notaries M~nber, Pennsy B©Ok ~~~ PAGE~~~~'f CUMBERLAND COUNTY Inst.# 200516917 -Page 2 of . ,,.,-..,~~n n~~a~rn onA The address of the above-named Grantee is: 505 Barnstable Road Ca ' le, PA 17013 On behalf of the rantee File No. OS-0021 Record and return to: Big Spring Land Transfer Company 34 South Hanover Street Carlisle, PA 17013 BOOK 268 PAGE~3~8 Dcea-a~~l ci~~n~ 3 f' iii L t]1a~~~;~_ ~ .11~~ ~ ~;.~L~ ,~.' r`, `` T • ~ -._~ r_ Recorder of ~)ee~~c CUMBERLAND COUNTY Inst.# 200516917 -Page 3 of 3 „rnci~nna ~~QR~f1G PM l I ~ .rt-.r-w.~..a ^.d, dM.a lbr~. en .[ lwr. dC1•^ 1 2~PACE 408 ~ ~ %~~ f ~/fir .. ;~•~. ~; ; , - Ilwn a.lt, lw IW'^ P~ ' ~~~ ~ bfADE THE ~ day o/ October in the yenr of our Lord one thousand nine hundred sixty five (1965) • 13ET{{'EEN ROBERT R, LZtIE, JR. and JOAN P. LINE, his wife, of R, D. 5, Carlisle, Pennsylvania, hereinafter called Grantor s, and PETER i1, KUTULAKIS and I•ARY D. KUTULAKIS, his xife, of the Borough of Carlisle, Pennsylvania, hereinafter called Grantees S{'IThESSETH, that in considcr¢tion of F.ightcon Thousand Five Hundred ($ 18,500.00) Dollars, in hand paid, the receipt achcreof is hrrrbu aeknnwiedped, the said prnntor9 da hereby grant ¢nd convey to the said prttntces, their heirs and assi,~s, as tenants by the entireties: ALL that certain tract of land situate in Best Pennsboro Township, Cumberland County, Pennsylvania, bounded and described pursuant to a surveil by Thorlrss A. Nerr, Registered Surveyor, on September 29, 196$, as follows: BEGINIIING at a spike in the center of Township Road No. 1{47; thence by land about to be conveyed to Sylvia H. Rambo, South 78 de['renN 30 minutes 1•lest 94D feet to a point; thence by the same, South 11 degrees 30 minutes Eest 415 feet to a point; thence by the same, South 78 degrees 30 minutes. West 1594.02 feet to a stake; thence by land now or formerly of Clarence Line, South 37 de~;'ees 15 minutes West 904 feet to a stone; thence b,y land now or formerly of Ray Albright, North 78 degrees 30 minutes East 2070 feet to a post; thence by the same, South 20 degrees East 479.30 feet to a stake; thence by ~,,7r)~,,qq,,~~ or formerly of Benjamin 1:. 1loyer, North 81 degrees 14 minutes/~s "6IS:20 feet to a stake on the East side of Township Road DIo. 41{7; thence by land now or formerly of Syron H. Bitch and in Township Road i1o. 447 in part, North 34 degrees ,0 irSnutes East 569.25 Sect to a post; thence continuing by land now pr formerly of Byron H. Kltch, 1+orth 78 degrees 15 minutes East 802.70 feet to a post; thence by land now or formerly of Richard C'lamberla~n, North 15 degrees 15 minutes West 830 feet to a stake; thence by land about to be conveyed to Sylvia H. Rambo, South 78 degrees 30 minutes West 784.27 feet to a spike in the center of Township Road rlo. 447; tthence by the center of said Township Road Iio. 447, North 6 degrees 44 minutes East 200 feet to a spike; thence bq the same, North 6 de~rees•30 minutes West 100 feet to the Place of BEGIh:{ING. COtITAI1IING 72.550 Acres, more or less, and being improved with a framo house and stone and frame barn. BEI1lG the Southern portion of the property which y+as•cgnveyed to Robert R. Line, Jr. and Joan P. Line,. his wife, by Archie S. FicClintock and Plary B. McClintock, his xife, by Deed dated Aur'ust~l~ 1964 and re- corded in the of rice of the Recorder of Deeds for Cumberland County in Deed Book "H", Volume 21, Page $24. SchYcl P;s!. Cum p. CO. PL ~',~ `~.- I''~;^,1~ -~'~_:1 ,., ~ • ~.. ~:" r tom„ a•n[itrt~ Tn~tter Tn (/~ 1(x~L'r'l/h T~7 mr. .~ . ~ •-- i` • Z ~~ ~1''[~;~'1 `t ~ - ~ -r-7D G D. HWc- U.~ 1R .~ I s i i I EXHIBIT "E" ,~-.~ _.r -.--.. _.___ -I '~ ~-~----~~{'?TSI II-f'T-~l ~ I'A1'P CIT"'I ilf'-' OI~II VIII lilll I- I '. i~ ~ inFi~nno ~~zd~a~ Pnn CUMBERLAND COUNTY Inst.# 196501115 -Page 1 of 3 -~R't p-tfoQ pvoLag 91lS o1 untai-aY vnl'PY AND thr said prantora hereby Covenant and agree that they and Lath o/ them will warrant generally the property hereby eons'eyed. `qtr ~~,, c ~ :1 ; rt .7 ~,~ ~ ~ - ~,~ ~ ~•,.,, ~ - ;! R..l.~ tt4' ,~~ •,~~' ~`4 ~ Cil~rs.~:n IN A'ITNE.$S 1{'HEREOF, said grantors have hereunto set their hands and eeal~ the day and yrar first above wrilten. ~ ~~1a2~ rb..e,rr.tae.~norurrr.+ Robert R. Line, Jr. sa tr.;ay.ea,{.f ~ - -~ Zoan P: Zine ~_-..-. W.~..-.....-------.. aa1L 7aa-¢ ~~ sa ...-...-.~ j~t i 1 ++ ~ ., rti ,, ~ '1 ~' :~_ ., ,~ State of Pennsylvania da. County o) Cutaberland On this, the y -' day o) October , 19 65 ,before me, the uruiersipned officer, personalty appeared Robert R. Line, Jr. and Joan P. Line, his xife, Aitown to me (or aatis/attorily Proven) to be the persons whose names are subscribed to the within instn~ment, and aeknowledyed that they ezecuted the same for the purposes therein contained. '~~• ~. !N WITNESS WHEREOF, I hemrnto act my ha and opitial aeai. _ `- ~`~V`:,',ER ~ . ~ NOTARY PUE3UC~ -'uu:__ ~ /-•~~'U; - •--p(y'Ctlmrrtssron&v»ai^Lyli.iflG9._.rr,rr" .:.~._a( ':~ ' ~y pl (;yNsla, Pa. CumL, lYtle b/wD'iger." - v~•.. FCr:a~~i eccK'~21rkr,~ X09 . ._. ---- CUMBERLAND COUNTY Inst.# 196501115 -Page 2 of acc>~21e,~ 410 State of ~ aa. County o/ ~ 19 ,before me, On this, the day of the undersigned officer, perso+tatty appeared _ subscribed to the knourn to me (or aatufattonly proven) to bt the person whose name oaea therein within instrument, and acknowledged that tae ezeeufed the same Jor the pure contained. IN WITNESS SYHEREOF, I hereunto set my hand and offices! seal. -----------------~--• assn -~---.. •-°---•---.~.-..------ Title o/ 06aeer. V do hereby certify t~ the precise residence and complete post affite address of the eoithin namedS grantee ia. ~~ ~(~ /~ ~~~~ /.,1~-~~u.. ~ -....- - _- ..,ttorney f°+' G~~~Q~~ 'Ll~.---------.-.._ ~ ~ w w ~~ m ~ H ~ G 3 m H ~,,,~ ~ /~ ~ ~ x ~ x ~ ~ ~ I z a ~ ~ H S `.5 ~ ~/ yr ~ ~ : ~ ~ a H ~ ~ ~ ~y '"' n, O a" 4 O h c ~ W A . ~ COSTSfONit'EALTH OF PENN ~'LVANIA' 1 sa. ... ~ ~ E D RD RECO ...- .. _... day v/ ..LY.<t on this .................- / ~ ' 191L?~~., rn D A ffite of said Cnunty, in Decd Book Iht Recorder's O . . d Given v:.der my hand and the gal o/ the said o~ the daft above written. ~X~,l._, Recorder. I /~' ~- - U a, Y i ,oi i iA • I 4 ' ~~E •-7 _ _ I_II .............................................. ........_.-. _ ....................... ~,I I ~ I I.l l~~~ II ................. .............................. ~ 1 sT70 E. D. H... Uee 3670 rl nrmnm innrr n n r nrno... i'.. "T ...-T a111I"f'n 'i 111-T -.~ .:.. - ~. - ~,~ -'I r~CUMBERLAND COUNTY Inst.# 196501115 -Page 3 of -- a~ -- ~~ i ~; ~ ~ r 1N R~: ~STA'I'~ O~ C'f?'I'BR N, ; INJM~ RAND COl1NMl(, i~LNNSY>/VAN[A K.UTULAK[S, , C Deceased : ORPi~tANS' CUUR"(' D1Vl51UN No, l x)97-0071 fi oven J. Schiffman, Esquire, do hereby certify that the roquirctrents of Rule 6,3 i, St rogardinb nonce have boon met in th' Dated; S ~ ~ ~' ~ EXHIBIT "F" L~"~-~ ,~... - IN RE: ESTATE: OF PETER N. ; IN T1iE COURT OF COMMON PLEAS ' KUTULAKIS, ; CUMBERLAND C'011NTY, PENNSYLVANIA Decoaaed ORPHANS' COURT DIVISION ; Na. 1997-00716 ~ AFFIDAVIT QF SERVICE f i I, Steven J. Schiffman, Esquire, being duly sworn according to 1 law, depose and say that I served, upon the parties in interest in the above captioned matter, a copy of the First and Final Account of Thomas M. Place, Executor and Schedule of Proposed Distribution as follows; By depositing copies of said documents i.n the United States mail, certified, return receipt requested on August 31, 1999, addressed As follows; , Mary D. Kutulakis , All Barnstable Road Carlisle, PA 17013 (Please note that address was changed on return receipt card to: "505 Barnstable Road") Jason P. Kutulakis 505 Barnstable Road Carlisle, PA 17013 (Please note that the address was changed on return receipt card to:"411 Barnstable Road") Stephen F. Angle, CPA 51 Kingswood Terrace Carlisle, PA 17013 Estate Recoveries, Inc. P,O. Box 24.566 Baltimore, MD 21214 Young, Conaway, Stargatt & Taylor, LISP Eleventh Floor Rodney Square North P.O. Box 391 Wilmington, DE 19899-0391 Lacy E. Holly, III, Esquire MATTL,EMAN, WEINROTH & MILLER 200 Continental Dr., Suite 211 Newark, bE 19713 EXHIBIT "G" ~~ ~yr~~~~ I also ~.vish to receive the aComplete items 1 and/or 2 for additional services. following services (for an .N aComplete items 3, 4a, and ab. our name and address on the reverse of this form so that we can return this i t ^ P extra fee): , y ~ r n y card to you. ^Attach this form to the !rant of the mailpiece, cr on the back if space does nct 1. ^ Addressee's Addrees e~ a~ ~ permit. dbNrite"Refum Receipt Requested' on the mailpiece below the article number. le was delivered and the date rti h 2. ^ RBStrlCted Delivery to ~ y c a a sThe Retum Receipt will sho~.v to whom i Consult postmaster for fee. .~ deliverEd. C q 3. Ariide Addressed io: Mary ,D. Kutulakis ~ 70~ ~; ,~T Barnstable Read inl Carlisle/ aA 17013 77~ ,~(~,eG;ui'le~ thy' ({~IIF"1l P1n177~) ~•3~' S~~' Pure: (A df®SSB 0/ F O n ~ 5 roan 3~~1 Ce~~f-nber i 4a. Article Number ~ ~~. 4b. Service Type p' Certified ^ Registered r: ~; ^ xpress Maii ^ Insured .~-~ Return Receipt for Merchandise ^ COD `o 7. Date of Delive L Cl ., -~ £3. Addressee's A '.fre (Only i raquesfe~~' z. (~9 '~_., and fEe is pal EXHIBIT "H" 102595-97-B-0179 ~; SEtd®~9~: I also vvish to receive the e Complete items 1 and/or 2 for additional services. following SBNiCeS (for an v~ N ®Complete items 3, 4a, and 4b. o Print your name and address on the reverse of this form so that we can return this extra fee}: ~ ~ card to you. ^Attach this form to the front of the mailpiece, or on the back if space does not f , ^ Addressee's Address .7 ~ permit. ®Write'Roturn Receipt Requested' on the mailpiece below the article number. 2. ^ RBStrlCted Delivery ~' t3; y mThe Retum Receipt will show to whom the article was delivered and the date Consult postmaster for fee. ~` = delivered. "~ ca 0 zs 3. Article Addressed to: Jason~}} P. Kutulakis ~ 5'~$arnstable Read Carlisle, PA 17013 e'C ~ 5. Received By: (Print Name) M~ ~t ~ 6. Sic~nat re: (~iddressee of AgE '; i' PS Four; ~~/~'~'~%, t~ecember 199 4a. Article Number ~ 4b. Service Type ^ Registered ^!'Certifiec ~, ^ Ex Tess 1Vlail ^ Insured :r, eturn Receiptfor Merchandise ^ COD v 7. Date of Delivery S 0 ~ Y 8. Addressee's Address (July rf requested and fee is paid) ~` b. tozso5-o~-g-ai:;~ rn EXHIBIT "I" rFUTTFi("ATE OF SERVICE AND NOW, this 23rd day of May, 2011, I, Shannon Freeman, of .4BOM & KUTULAK/S, LLP, hereby certify that I did serve a true and correct copy of the foregoing PETITION TO OPEN ESTATE AND SET ASIDE THE FINAL ACCOUNT AND DISTRIBUTION OF THE ESTATE OF PETER N. KUTULAKIS by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Thomas M. Place, Esquire 530 Greason Road Carlisle, PA 17015 Mary D. Kutulakis 505 Barnstable Road Carlisle, PA 17015 `~ ~~~ ~ ' ' ~ ~~.1~ ~~ annon Freeman Disbursements of Principal Date Paid Debts of Decedent Robert S. Janicki 05/27/1998 Secured Note on Cooperative Apartment, 433 East 41st St., Apt. G-8, New York, NY 10022 $ 127,598.25 Total Debts of Decedent Funeral Expenses Hoffman-Roth Funeral Home 11/11/1997 $ 1,626.81 Cumberland Valley Memorial Gardens 11/11/1997 1,480.00 Total Funeral Expenses Administration Expenses Pennsylvania National Bank 10/29/1997 Check Charges $ 18.45 Leon Gerlach, Appraiser 12/03/1997 1,375.00 Real Estate Costs of Sale New York Co-Op 05/27/1998 28,975.26 Delaware Secretary of State 07/13/1998 126.00 John T. Ensminger, Personal Property Appraiser 10/21/1998 Appraisal Fee (Personal Property) Cost Advanced on 5-21-98 125.00 The Sentinel 10/21/1998 Estate Advertisement Cost Advanced on 5-13-98 48.30 Cumberland Law Journal 10/21/1998 Estate Advertisement Cost Advanced on 4-7-98 60.00 Amount Paid $ 127,598.25 $ 3,106.81 Page 1 (7) Disbursements of Principal (Continued) Date Paid Administration Expenses Register of Wills-Cumberland County 10/21/1998 Filing Fee - Inheritance Tax Return Cost Advanced on 9-30-98 Total Administration Expenses Federal and State Taxes Internal Revenue Service 10/15/1998 Debt of Decedent Pennsylvania Department of Revenue 10/15/1998 Debt of Decedent Total Federal and State Taxes Fees and Commissions SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 10/15/1998 Register of Wills-Cumberland County 10/21/1998 Probate Fees Advanced on 8-28-97 Total Fees and Commissions Total Principal Disbursements 10.00 312.53 200.00 $ 4,651.70 105.00 Amount Paid $ 30,738.01 512.53 $ 4,756.70 $ 166,712.30 ----------------- ----------------- Page 2 (8) Distributions of Principal to Beneficiaries Distribution Value Mary D. Kutulakis 07/09/1998 Personal Property $ 2,860.00 Total Distributions of Principal to Beneficiaries $ 2,860.00 ----------------- ----------------- Page 1 STATUS REPORT UNDER RULE 6.12 Name of Decedent: Peter N. Kutulakis Date of Death: August 5, 1997 Will No. 1997-00716 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: complete: 1. State whether administration of the estate is Yes x No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes x No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes_ No x d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be atta d o this report. Dated : ~ ~~ ~~~GrdYi ~ S a Steven J. Schiffman, Esg. __ Name (Please type or print) '• -'~ 2080 Linglestown Rd., Suite 201 ~~ Harrisburg, PA 17110-9445 Address ~~ (717) 540-9170 ~-_ Telephone Number _J ~~~ ~~ ~ -~-- Capacity: Personal Representative `" v ;i, x Counsel for Personal .~:'_ Representative 'aD' gNi' A uNi c Q of c A me N r Z ~ N 2 /, ~ ~ ! N 3y 1 I~g f m m +7 ~ (7 o ~ ~ N x i ~ ~ fD-x N ~ ~ A .~ O m m ~ D N• O ft fi' O ~' ~ ~' ~ D O z ~ ~ ~ 'U D ~ ~ m D ~ m ~ N A fl ~l Z U ~ C ; n ~ I-'• m fj { ~ ~ ~ o . D N. ~* ~ ~(1 ~ (11 31 m ° ~ x ~ D d a . ~ H y O o 3 F--' ~ m ~ a ° ..v• • ~' ~~ n "~ • n ~ 2 ~ c p O Q ~ C ~ ~ ~ C dl ~ N . 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Kutulakis also known as No. 21 - 9 7 - 716 ,Deceased (each) a subscribing witness to the ~ codicil(s) ~ will(s) presented herewith, (each) being duly qualified according to law depose(s) and say(s) that she/ he/ they was/ were present and saw the above Testator(rix) sign the same and that she/he/they signed as a witness at the request of Testator(rix) in his/herltheir presence and ~ in the presence of each other ~ in the presence of the other subscribing witness(es). Sworn to or affirmed and subscribed n before me this <~( J`T ~"~ n day of ~ ,19 Y~~ Notary Public My Commission Expires: ~'(J,/. /; j~ ~ G/ 9 (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) (Signature) ~ ~~~ (~ (Address} (Signature) (Address) ...~»~.~~...M.........~. TINA tvf. Flit.~.:>, vt'nii'i PL!€3LiC CARLISLE SOROi.iCi•;, CU~BERtAtiD COUNTY MY COMhiISSIG;~ EilPiHES NOV. 15, 1999 NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. ~~ Prepared by the Pennsylvania Bar Association Copyright (c) 7996 form software only CPSystems, Inc. Form fkRW-2 (1997) IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS :CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS NO.: 1997-00716 ..~ `~„' ~~ NOTICE TOP .F A1~ ~ ~ Q x ~. rn -- ~C7 TO: Mary D. Kutulakis - ~' ~ ~ 505 Barnstable Road ~ ~ ~ ~` ~.~ Carlisle, PA 17015 ~ ~ t,~,, cat ar. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice axe served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You axe warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, & KUTULAKIS, LLP Date: June 10, 2011 Jason P. K~ulakis, Esquire 2 Wes High Street Carlisle, PA 17013 (717) 249-0900 ~~ r ~::.= .:tom ~~ -> ,_~ ~~ ~~ ~~ IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No. 1997-00716 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Respondent Mary D. Kutulakis, in the above captioned case. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS De E. R sa; Esquire orney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent Mary D. Kutulakis ~ O ~~ ~ ~- ~~ rn n ~ ~ ~: ,-~- ~ ~ _- c-~ r- t ~"; t ~ ~ ~'~ ,,"_ --~ ~ ~-_ ~~' rp CERTIFICATE OF SERVICE hereby certify that on this ~~ day of June, 2011, a true and correct copy of the foregoing document was served upon the party listed below, via First Ciass Mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Dea E. e n quire Att rney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 ~- s IN RE ESTATE OF PETER N. KUTULAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 ANSWER IN OPPOSITION TO PETITION TO OPEN ESTATE AND SET ASIDE THE FINAL ACCOUNT AND DISTRIBUTION OF THE ESTATE OF PETER N. KUTULAKIS AND NOW this ~ ~ day of June, 2011, comes Respondent Mary D. Kutulakis by and through her counsel Dean E. Reynosa and hereby avers as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that the Decedent was married to Respondent at the time of his death. The Decedent had moved out of the home on several occasions and established residence elsewhere including at a cabin that was once on land presently owned by Respondent. Respondent does not believe that the Decedent was out of the home for a consecutive fifteen year period. 3. Denied. The Decedent's will and the deeds are written documents that speak for themselves. To the extent that Petitioner suggests that Decedent's wishes are different than those expressed in his will and in the deed, Respondent asserts that such representations violate the Dead Man's Act. 4. Admitted. 5. Admitted. p ~ ~-~ 6. Admitted. ~ ~~' `-° ~ ; ~, ~ ..- ~ t..' .3 7. Admitted. . ,.. ~,~~ w r~'' ~ r,~~~'° 1 r 1 8. Admitted. +, J ~ ~~ ~ -~ ~~.:~~~ ~'' ~ . ~~ 9. Admitted. ~ `'''~ 10. Denied. Respondent asserts that the allegations of this paragraph violate the Dead Man's Act. To the extent that a response is required, Decedent's last will and the deeds to the property at issue are written documents that speak for themselves. 1 - 1 11. Denied. Respondent asserts that the allegations of this paragraph violate the Dead Man's Act. To the extent that a response is required, Decedent's last will and the deeds to the property at issue herein are written documents that speak for themselves. 12. Denied. After reasonable investigation, Respondent is without sufficient information to determine the truth of the allegations of this averment. 13. Denied. After reasonable investigation, Respondent is without sufficient information to determine the truth of the allegations of this averment. 14. Denied. Respondent had no reason to hide the fact that Decedent died with a will. The will was probated at the Cumberland County Register of Wills and was available to everyone for inspection. It is believed and therefore averred that Petitioner was an active participant in the probate of Decedent's will. During the estate administration, Petitioner directed that Decedent's personal property items be appraised. See letter from John T. Emsminger dated May 5, 1998, attached hereto as Exhibit A. Decedent's will provided that Petitioner would receive all of Decedent's personal property. 15. Admitted. 16. Admitted. 17. Denied as stated. Respondent engaged in mediation with Petitioner for three reasons. Respondent sought to reestablish a relationship between herself and Petitioner, her son. Second, Respondent sought to reestablish a relationship between herself and her granddaughter. Finally, Respondent also sought to discuss her plans to sell her property. 18. Admitted. 19. Denied. After reasonable investigation, Respondent is without sufficient information to determine the truth of the allegations of this averment. 20. Denied. Respondent incorporates her response at paragraph 14 as though if fully set forth at length herein. ~\ 21. Denied. After reasonable investigation, Respondent is without sufficient information to determine the truth of the allegations of this averment. To the extent that a response is required, Decedent's estate was probated at the Cumberland County Register of Wills and was on file for all to inspect. Respondent further incorporates her response at paragraph 14 as though if fully set forth at length herein. 22. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, Respondent denies any legal significance Petitioner attributes to Respondent's failure to invoke a spousal election. 23. Denied. The averments of this paragraph state legal conclusions to which no response is required. 24. Denied. Respondent incorporates her response at paragraph 22 as though if fully set forth at length herein. I. 505 BARNSTABLE ROAD 25. Respondent incorporates her responses at paragraph 1 -24 as though if fully set forth at length herein. 26. Denied. The Agreement of Sale is a written document that speaks for itself. 27. Denied. After reasonable investigation, Respondent is without sufficient information to determine the truth of the allegations of this averment. To the extent that a response is required, it is noted that the Agreement of Sale was on file with the public record in this Estate. 28. Denied. The Agreement of Sale is a written document that speaks for itself. 29. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, Decedent did not finalize the purchase of the property. Decedent did not pay the lump sum that was due on August 1, 1997. Respondent purchased the property with her own proceeds by Deed dated May 12, 1998, and recorded May 26, 1998. See Deed attached hereto as Exhibit B. Petitioner possesses no equitable interest in 505 Barnstable Road. t ~ s s stated. Respondent acquired sole ownership interest of 505 Barnstable 30. Denied a Road by Deed recorded May 26, 2998. Id. 31. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, Petitioner does not possess an equitable interest in property purchased individually by Respondent and deeded individually Y to Respondent. 11. 411 BARNSTABLE ROAD 32. Respondent incorporates her responses at paragraph 1 - 31 as though if fully set forth at length herein. 33. Admitted with further explanation. Respondent and Decedent purchased the property as husband and wife as tenants by the entireties. See Exhibit E to Petitioner's Petition to Open. 34. Denied. Respondent incorporates her response at paragraph 33 as though if fully set forth at length herein. 35. Admitted. 36. Denied. Respondent asserts that the allegations in this averment violate the Dead Man's Act. To the extent that a response is required, the property remained deeded to Decedent and Respondent as husband and wife as tenants by the entireties. 37. Denied. Respondent incorporates her response at paragraph 36 as though if fully set forth at length herein. Additionally, Respondent made the decision herself to sell her property after Decedent passed away. 38. Denied. Respondent incorporates her response at paragraph 36 as though if fully set forth at length herein. Additionally, Respondent moved from the farmhouse when her current home was completed in 1999. 39. Denied. Respondent incorporates her response at paragraph 36 as though if fully set forth at length herein. Additionally, the deed was never changed and shows that at the time I ~ 1 of Decedent's death, the property was held by Respondent and Decedent as tenants by the entireties. 40. Admitted. 41. Denied. Respondent incorporates her response at paragraph 37 as though if fully set forth at length herein. 42. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, it is acknowledged that Petitioner acquired an ownership interest in a portion of 411 Barnstable Road (approximately 20.338 acres) as noted in a deed dated March 12, 1999, and recorded at Deed Book 195 Page 82. See Deed attached hereto as Exhibit C. It is denied that Petitioner possesses any equitable interest in the remaining portion of the property formally known as 411 Barnstable Road. III. FRAUD 43. Respondent incorporates her responses at paragraph 1 - 42 as though if fully set forth at length herein. 44. The docket speaks for itself. 45. Admitted. 46. Admitted. 47. The docket speaks for itself. 48. The docket speaks for itself. 49. Denied. The Affidavit of Service is a written document that speaks for itself. To the extent that a response is required, Respondent notes that she signed for the certified return receipt card addressed to Petitioner after the postal carrier delivered it to her at 505 Barnstable Road. Respondent had no reason to conceal the filing of the final account in this matter from Petitioner or fail to deliver to him the final account. It is believed and therefore averred that Petitioner was aware of the fact that the estate was being probated in Cumberland County. In ~ - • fact, an appraisal of the Decedent's personal property was undertaken at Petitioner's request. See John T. Ensminger's letter dated May 5, 1998 attached hereto as Exhibit A. 50. Admitted with further explanation. At the times relevant hereto, mail was being delivered to either address until the postal carrier understood who lived at which address. 51. The docket speaks for itself. 52. Admitted. 53. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, Respondent signed the card for Petitioner since it was delivered to her address. Respondent had no reason to conceal the fact that the final account had been filed in this estate or fail to deliver to him the final account. It is believed and therefore averred that Petitioner was an active participant in the administration of Decedent's estate. 54. Denied. Respondent incorporates her response at paragraph 53 as though if fully set forth at length herein. Additionally, Respondent denies that she engaged in any fraud. Respondent signed the receipt upon the request of the postal carrier and as a favor to her son. 55. Denied. Respondent incorporates her response at paragraph 53 as though if fully set forth at length herein. Additionally, Respondent had no reason to conceal the fact that the final account had been filed in this estate. 56. Denied. Respondent incorporates her response at paragraph 53 as though if fully set forth at length herein. 57. The docket speaks for itself. 58. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, Respondent denies that she engaged in any fraud. Respondent incorporates her response at paragraph 49 as though if fully set forth at length herein. 1 ~ ~ 59. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent that a response is required, Respondent denies that she engaged in any fraud. Respondent had no reason to conceal the fact that the final account had been filed in this estate. Respondent incorporates her response at paragraph 49 as though if fully set forth at length herein. 60. Denied. Respondent did not conceal the fact that Decedent died with a will. The will was probated in the Cumberland County Register of Wills for inspection by everyone. It is believed and therefore averred that Petitioner was an active participant in the estate administration. Decedent's will provided that Petitioner would inherit all of his personal property. Petitioner directed that Decedent's personal property items be appraised. 61. Denied. Respondent had no reason to conceal the fact that the final account had been filed in this estate. IV. FAILURE TO PROVIDE NOTICE PURSUANT TO RULE 6.3 62. Respondent incorporates her responses at paragraph 1 - 61 as though if fully set forth at length herein. 63. Denied. The averments of this paragraph state legal conclusions to which no response is required. 64. Denied. The averments of this paragraph state legal conclusions to which no response is required. 65. Denied. The averments of this paragraph state legal conclusions to which no response is required. 66. Denied. It is believed and therefore averred that Petitioner was aware that Decedent's will was being probated in Cumberland County. It is further believed and therefore averred that Petitioner was an active participant in the estate administration. Petitioner directed that Decedent's personal property items be appraised. Decedent's will provided that Petitioner ~ ~ } would receive all of his personal property. Respondent incorporates her response at paragraph 49 as though if fully set forth at length herein. 67. Denied. The averments of this paragraph state legal conclusions to which no response is required. 68. Denied. The averments of this paragraph state legal conclusions to which no response is required. Wherefore, Respondent respectfully requests that this Honorable Court deny Petition to Open the Estate. NEW MATTER 69. Respondent incorporates her responses at paragraph 1 - 68 as though if fully set forth at length herein. 70. Petitioner was an adult at the time that Decedent passed away and his last will probated. 71. Petitioner was a practicing attorney at the time that Decedent's will was probated. 72. Petitioner's claims are barred by the applicable statute of limitations. 73. Petitioner's claims are barred by the doctrine of laches. 74. Petitioner's claims are barred by the Statute of Frauds. 75. Petitioner's claims are barred by operation of the Dead Man's Act. 76. Petitioner seeks an equitable interest in real estate held solely by Respondent. 77. Real estate transfers pursuant to the terms of the individual deed. 78. With respect to the property at issue in Petitioner's Petition to Open Estate, Decedent held neither individually. 79. With respect to 505 Barnstable Road, at the time of Decedent's death the property was owned by and deeded to Thomas M. Place. 80. Decedent did not possess an ownership interest in 505 Barnstable Road at the time of his death. 81. While an Agreement of Sale was executed between Decedent and Thomas M. Place on July 26, 1996, the Agreement of Sale required Decedent to make monthly payments for one year. 82. The Agreement of Sale further required that Decedent make a final lump sum payment on August 1, 1977 [sic: 1997]. 83. Decedent did not make the final lump sum payment. 84. Decedent's Estate did not make the final lump sum payment. 85. Since the final payment was not made in accordance with the Agreement of Sale, no deed was ever created transferring title of the property from Thomas M. Place to Decedent. 86. Respondent purchased the property from Thomas M. Place and Grace E. D'Alo by Deed dated May 12, 1998 and recorded on May 26, 1998. See Deed attached hereto as Exhibit B. 87. Respondent purchased 505 Barnstable Road with her own funds and in her own name. 88. Petitioner does not possess any equitable interest in property purchased by Respondent in her own name. 89. With respect to 411 Barnstable Road, Decedent and Respondent purchased this property as husband and wife as tenants by the entireties. See Exhibit E to Petitioner's Petition to Open. 90. Upon Decedent's death, title to 411 Barnstable Road passed to Respondent individually. 91. Petitioner acquired an ownership interest in a portion of 411 Barnstable Road (approximately 20.338 acres) as noted in a deed dated March 12, 1999, and recorded at Deed Book 195 Page 82. 92. Petitioner accepted his deed wherein it is noted that title to the whole 411 Barnstable Road was vested in Respondent at the time of Decedent's death. L~ a 93. Petitioner does not possess any equitable interest in the remaining portion of the property formally known as 411 Barnstable Road. 94. The deed for 411 Barnstable Road never included Petitioner. 95. Petitioner's Petition to Open the Estate only alleges that he possesses an equitable interest in the foregoing two pieces of real estate. Wherefore, since Petitioner possesses no equitable interest in either property, his Petition to Open should be denied. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS v, De E. Reynosa, Esquire A rney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent Mary D. Kutulakis i~'' , .~CJHN T. ENSM ANGER AUCTIONEER and APPRAISER 302 Fireside Drive, Camp Hill, PA 1 701 1-1 421 Phone (717) 763-9779 FAX (717) 541-9444 May 5, 1998 Steven J. Schiffman, Esquire 2080 Linglestown Road Harrisburg, PA Dear Sir: Re : Estate of PetE~r M Kutul aki s At the request of Jason Kutulakis, I have appraised the E~roperty of the late Peter M. Kutu1akis. This property is located in a ~>torage shed on the property at 411 Barnstable Road, Carlisle, Pennsylvania. The values shown have been arrived at after careful inspection and I believe that they reflect a fair market value as of this date. -~~~~~ ~I ~~~~~~~, Fair market value is defined as being the most reasonable or probable price in terms of money which real or personal property will bring in an open and competitive market under all conditions necessary for' a fair sale, the buyer and seller each acting in a prudent manner and assuming the price is not affected by undue stimulus. Taking into account the prices listed on the following page, it is the opinion of the undersigned that the fairy market value of the property is $2,860.00 tTwo Thousand Eight Hundred-Sixty Dollars). Employment in and compensation for making this appraisal are in no manner contingent upon the values reported and I certify that I have no financial interest in the property appraised, present or contemplated. Very truly yours, . ~ ~~ ~ r / ~ r f John T. Ensminger ~~ Personal Property - Peter M. Kutulakis Horse fair - lithograph Fox Hunt Trova print 3 framed 21x35 Monet repos 3 pc living room suite Tea wagon Microwave Pair of~kitchen armchairs l~lashstand Oak rolltop desk Wall cabinet Oval mirror Square mirror Schoolmaster's desk Pair of andirons Magnavox TV 41i ng cha i r Microwave stand Pair antique rushbottom chairs Bureau Oak office chair $125.00 75.00 25.00 300.00 100.00 150.00 40.00 40:00 175.00 650.00 75.00 20.00 20.00 300.00 2.00 25.00 50.00 30.00 300.00 300.00 40.00 Total 2,860.00 l~I ~ ! GER JOHN ~. ENSMiN AUCTIONEER and APPRAISER 302 Fireside Drive, Camp Hill, PA 17011 Phone (717) 763-9779 .........................May.. 5,............198......... To .............st~`!~.n. ,J,. „Sch i f fman,~ _ ,~squ i.re ............ ... ..... ............2i18Q..1..tin9~.~~twn,Road ......................................................................................... .............l~arr..i.sbuC9 ~..P.A......................................,............................................................ Estate of......P.~ter..M.:. KU~yI aki 5 ..................................................:........................................ .............................................................................................................................. Appraisal Services Real Estate @ $ .............:........ per parcel $.......................... Persona I Property 125: 00 Total x.12.5•.•00 ................ ___ THIS DEED ~~~ MADE THE /o~ day of , in the year of ~~ne thousand nine hundred ninety eight (1998). BETWEEN THOMAS M. PLACE and GRACE E. D'ALO, husband and wife, hereinafter referred to as: Grantors, and MARY D. KUTULAKIS, a widow, hereinafter referred to as: Grantee. WITNESSETH, that in consideration of THIRTY FOUR THOUSAND ($34,000.00) DOLLARS in hand paid, the receipt thereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road; at line of land now or formerly of Herman M. Hurley, et ax; thence by the same, :North 74 degrees West 137.5 feet more or less to an old fence at line of land now or formerly of Peter N. Kutulakis, et ux; thence by the same in a Northeasterly direction along said fence line, 375 feet more or less to a point at line of land now or formerly of Ray M. Albright; thence by the same, South 20 degrees 52 minutes West, 100 feet more or less to a point in the center line of said road; thence by the same, South 72 degrees 37 minutes West, 297 feet more or 1_ess to the place of BEGINNING. AND BEING the same premises which Peter N. I~utula~is, and Mary D. Kutulakis, husband and wife, by their deed dated April 22, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "O", Volume 25, Page 888, granted and conveyed unto Thomas M. Place, Grantor herein. AND the said Grantors do hereby covenant and agree that they will warrant specially the property hereby conveyed. Grace E. D'Alo is included herein to convey any interest she may acquired in the subject premises by virtue of marriage to Thomas M. P have IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE i' ~~ ~, ` WITNESS THOMAS M. PLACE ~~~ ~ - ) .~ WITNESS CE E. D'ALO COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF CUMBERLAND ~G On this, the day o , A.D. 1998, before me appeared THOMAS M. PLACE, known to me, o satisfactorily proven) to be the person whose name is subscribed to the wit in instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand anti official seal. ~ ~ r~ W ;, ~ /~ ///I .'.''"~~~ C ...rtt:': !~Li9Jl9ERL~AJV~'L.`C7~~~~. ~~'~^`9lViiS3'!~J!`~"~~~lr^,ESNQVEMHcR~;'~9 Nei.J,~r~jtih:+~•+~rsartyc••••er+etac.a~~ ~~_. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ,-- : ~,. /~ -~ On this, the /~~~ y'day `of ~~``~ , A.D. 1998, before me appeared GRACE E. D'ALO, known to me, (or, atisfactorily proven) ~o be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ o arv -____ ~?OTARiAL SEAL ~' u(RGl~iEA tr'i. ~IASSEY, NOTARY PUBUiC ;{ C..:.Ri.,SLE Q,7r~c, CUb9BERLAND t:0.PA t k?1' CO311l1115SlDN ~7. (PIAES NOVEN-BEq 1~ Z001 ~,a...~. ~~1 __ _ - --- I HEREBY CERTIFY, that the precise residence and complete post office address of the within Grantee are: ~~ ~ ~~ 1~Srt~~0~C~ ~e~. /~ ~• Attorney for Grantee COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND • Recorded on this day of , A.D. 1998, in the Recorder's Office of the said County in Deed Book ,Page Given under my hand and the seal of the said Office, the date above written. Recorder a, ( --""~, `~ 1 3~ ~s.,c ~~~~~~. BED Parcel #; P/O 46-08-0583-065 MADE the j ~~ day of „x,_____,1999, Ii1rTWBI:N MARY I7, KIITULAKIS, WIpQW, of West Pennsborc~ Townshtp, Cumberland County, Pennsylvania, hereinafter referred to as And GRAN'I'PSES ~'"~ WITNESSBTIi, that In consideration of ONI3 ($1.00) DOLLAR, in hand paid, the receipt whereof is hereby acknowledged, tits sold Grantor does heret~y grant and convey to the said Grantees, their heirs and assigns: ALL that certain tract of land with Improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, boi.inded and described in accordance with a Final Subdivision Plan of Mary D. Kutulakis, recorded in the Office of the Recorder of Deeds iii and for Cumberlan~:l County in Plan Book 78, Page 53, as follows: GRANTOR JASON P. TCYJTULAKIS and JOANNE L. KU'I'ULAKIS, husband and wife, of I-Yershey, Dauphin County, Pennsylvania, herelriafter referred to as BEGINNING at an iron pin set on the dedicated right of way line of a public road known as Earnstable Road ('I'-447), thence South O6 degrees 30 minutes 00 seconds East a distance of 100,00 feet to a nail; thence along (Ands now or for~i~erly of Sylvia H. Rambo and passing tl-rougli Barnstable Roacl (T-447) South 06 degrees 45 minutes 14 seconds West a distance of 200.00 feet to a Hall; thence along lands now or formerly of Sylvia H, Rambo North 78 degrees 30 minutes 00 seconds East a distance of 784,27 feet to a set Iron pin; thence along lands now or formerly of Raymond I3. main South 15 degrees 15 minutes 00 secc-nds Fast a distance of 418,b0 feet to a set iron pin; thence along lands now or formerly of Mary D. Kutulakis South 77 degrees 23 minutes 05 seconds West to a set bolt; thence Nortll 20 degrees 10 minutes 47 seconds West a distance of 52.65 feet; t}ience North 15 degrees 07 minutes 33 seconds West a distance of 42,64 feet; thence along lands now or formerly of Mary D, Kutulakis South 77 degrees 47 minutes 29 seconds West a distance of 219.80 feet to an iron pin; thence North 11 degrees 9G minutes 4~3 seconds West a distance of 49.33 feet to nn iron pin; thence South 78 degrees 05 minutes 33 seconds West a distance of 538.48 feet to a set iron pin; thence North 11 degrees 30 minutes 00 seconds West a distance of sGtif, ;,.;;,r -. ~ T 587.62 feet to a set iron pin; thence along lands now or formerly. oi' Sylvia 1=I. Rambo North 7$ degrees 30 m(nutes 00 seconds IIast a distance of 99!).06 feet try an iron pin, the place of BEGINNING. CONTAINING 20.338 acres and being Lat 3-A of the aforementiortied Subdivision PIan. BEING part of the same premises which Robert R. Line, Jr., and Joan r'. Lin+~, his wife, granted and conveyed unto Peter N. Kutulakis and Mary D. Kutulakis, his wife, by deed dated October 2, 1965, and recorded in the Cumberland Caurity Recorder of Deeds Office in Deed Baok 21-T~908. The said Peter N. Kutulakis died August 5, 1997, thereby vesting title in the widow, Mary D. Kutulakis, Grantor herein. THIS iS A CONVIiYANCfi FROM MOTHER TO 5qN AND DAUGI-ITER-IN- LAW AND TI-iER.EFORIr L~XEMPT PROM RIsALTY TRANSFER TAX. UNDER AND SUBJECT, HOWEVER, TO RESTRICTIONS OF RECORD AND AS SET' .ItORTH IN THE AI30VE-MBN'tIONI3D DfifiD. AND the Grantor will warrant generally the property hereby conveyed. IN WITNESS WI-IEItEOF, the said Grantor has set her hand and seal t11+, day and year first above written. SIGNED, S$ALPsD ANp DfiLIVEItED I TI*IB PRL~SENCE OF: .-•- 1~__ ~ ~ ~• ~ 1(SEAL) a D utula s COMMONWEALTI-i OF PENNSYLVANIA ) ~S. COUNTY Ol' CUMBERLAND ) On this, the 12--TW day of ('~~-R , ]999 before me the undersigned officer, personally appeared Mary D. Kutulakis, known to me or satisfactorily proven to be the person whose Warne is subscrlbed to the wit. , • instrument, and Acknowledged that she executed the same for the pu~pp ~"~,~,:~~`'`' therein contained, •' ~ , •.~.:•'~ •=~ IN WI'1'N_ESS WI-iERBOP I hereunto set my hand and official seal '.t r ~ ' '`~~ ' NOIAI{IAL SEAL .--' ~'`~ r'~;{;~r~ , GEORGE F. DOUQUIS, III NOTARY PUBttC ~ ~-- ~'No~ ~ ~~~'~ .. ~:~^:j ''~ r~nl iStE HORO., CU~tBERUttD COUttTY ,,~a.~-n~cf'~h~~lrhix:.r •~••~~-~e~mN ExP~RE5IUNE 26, 1999 •- +~. -- ~r _ _- ~.'"" t +r Certificate of Residence 7 hereby certify that the precise residence and complete post office address of the within Grantees is: ~k(d ~ ~d- ...Carlisle, PA 17013 .-- Dated• 3 f Z• F'• ~ Attorney or Grantees r^- ?, ,+ , . r--~- ~.,.... 7 n; ~ r~ t+r u~ i- r`- {"~ • ,~i~''.^alPrnnsyhranlo .,.~:+.it•r'; t,:!tid:~~tnnd} t36 - '~, r "~ cV .•. +'.:• ~ !rt it ~r• ultiro far the recordlnp of Uo9ct9 '' ` `'' '~ ~;: +, c~ ' ~ ~ ' ~ ; ~ : !~r s ~}.+ for C^rland County, J C t? i : ~ k V i ~; ~ P +: - ' . < ~ ~=,~ t :, . . , ~ . _ ,, o o age •~~ +:~ ;:+ my (rand a ~) of otA ,~ ~;.'_~.~' ~ ^-+ ;rii,:l+~, t'.'1 this day o 1D r ' `~' ri•r ~ Ra rder r:~ ~ c~ ~ r • ~rrr ~n ~.•: '~~~'~ytr '•~.; KAr~'~( ` r f ~~~ It S ~i't/~ 60UK ~.~ iJ f ~~i;c C7.S;r17 t VERIFICATION I, Mary D. Kutulakis, hereby verify that the statements made in the foregoing Answer in Opposition to Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis are true and correct to the best of my information, knowledge and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. rte,,. / n n Dated: (~/Y~.~_ [ U, ~.D 1 1 ~~ Mary lakis ~ ~ ~~ CERTIFICATE OF SERVICE .~~ 1 hereby certify that on this ~ day of June, 2011, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Dean . Re uire Attorney Id. 80440 ` 26 West High Street Carlisle, PA 17013 717-243-6222 IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS :CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS NO.: 1997-00716 AFFIDAVIT OF SERVICE I, CHARLES P. HALE, the undersigned, hereby state that I served a copy of the Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis filed in the above-captioned action upon Mary D. Kutulakis, by handing the papers to ~.j4,, ~. f(~ n. /~~,' s at the following address: .~ e s~I,,r,~:,,r,'.,.~ ~~.'/,',~ on the 23`j day of May, 2011, at approximately t e?: 30 o'clock, ~.m. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. X4904, relating to unsworn falsification to authorities. ., .~ ~''s iL° ~ 2 F-- ~: = ~- _ L ~r w ~ =:, ~ cr- _ . ~ 1+.y4....' i~ ~4_ ~ e _ O."'c '1 v ~~_ .y~~ ~ CHARLES P. HALE IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS :CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS NO. 1997-00716 ORDER OF COURT AND NOW, June 13, 2011, upon consideration of the Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis, filed by Jason P. Kutulakis, IT IS HEREBY ORDERED that Respondent, Mary D. Kutulakis, file a Response thereto on or before July 5, 2011, and serve copies of same on Petitioner and the Assigned Judge. By the Court, i H. ~Kleinfel~r, Senior Judge Ily Presiding DISTRIBUTION: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 Mary D. Kutulakis, ~ ~~ ~ti ~' ~ ~ ~:? 505 Barnstable Road ~x; m =~ ,~} _~ Carlisle, PA 17015 ~~~ .x- ~ ~.. Thomas M. Place, Esquire o°-'~' ~ ,Y=_ 530 treason Road ~~' ~, ~n ~ Carlisle, PA 17015 ~' ;, In Re: Estate of Peter N Kutulakis ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-97-0716 ORDER DATE: 6/13/ CERTIFICATE OF SERVICE OF ORDER JUDGE'S INITIALS: Joseph H Kleinfelter TIME STAMP DATE: 6/14/11 IN RE: Order of Court SERVICE TO: Jason P Kutulakis Marv D Kutulakis Thomas M Place METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 6/14/11 ENVELOPES PROVIDED BY• ^ PETITIONER ^ JUDGE COURT ADMINSTRATOR SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY• ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ,_~ ~,. Deputy ~`" Clerk of Orphans' Court ~ ,~ `~'~-_- Law Offices of Sa1C11S Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 PRAECIPE TO ATTACH NOTICE TO PLEAD TO ANSWER IN OPPOSITION TO PETITION TO OPEN ESTATE AND SET ASIDE THE FINAL ACCOUNT AND DISTRIBUTION OF THE ESTATE OF PETER N. KUTULAKIS To the Prothonotary: Please attach the Notice to Plead to the Respondent's Ansv~er in Opposition to Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis. Dated: ~'~~ ' t Respectfully submitted, SAIDIS, SULLIVAN & ROGERS ,.- D . Re s Esquire torney I.D. No. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent, Mary A. Kutulakis c-7 ~ ,:: 1:___ w.~ _~~ :~~c7 t...,_ ~~.~ ~.. ~ (~\.t i !_.. ~fi ~ ~ -~ _ ~a cy ~__~ _ --, b ~ ~ ~.~ IN RE: ESTATE OF PETER N. KUTULAKIS To: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, SAIDIS, SULLIVAN & R,OGERS Dated: ~ ~~ ~' ~~ De ~~.- R~~ynd~a, Esquire Att rney I.D. No. f30440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent, Mary A. Kutulakis Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 CERTIFICATE OF SERVICE AND NOW Jul 2011 I Dean E. Re nosa Es uire hereb certif that I did Y Y q ~ Y Y serve a true and correct copy of the Praecipe to Attach Notice to Plead to Answer in Opposition to Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis upon Petitioner by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA ] 7013 Dea eynosa, .squire Att ney I.D. No. 80440 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 ' (717) 243-6222 Counsel for Respondent, Mary A. Kutulakis ~z '' ~ ~: ~,,~_ . , - - ~, ~, CL=~;( /'~h L _ ~r.r ei ~~ " ~. `'` ~~ ? ~~ IN THE COURT OF COMMON PLEAS ~ ~' OF ESTATE OF PETER N. ) CUMBERLAND COUNTY, PENNSYLVANIA KUTULAKIS ) Register of Wills No.: 1997-00716 CASE MANAGEMENT ORDER NOW, this ~ ~ day of January, 2012, recognizing that, regardless of the disposition of the Petition To Strike Lis Pendens filed by Mary D. Kutulakis in proceedings docketed in the Cumberland County Court of Common Pleas to No. 2011-4543, hearing or trial may be required on the Petition To Open Estate and Set Aside The Final Account And Distribution Of The Estate of Peter N. Kutulakis, filed by Jason P. Kutulakis, to the above referenced Register of Wills number; noting the suggestion at recent hearing session that a case management order may be advisable; and having concluded that such a case management order would be appropriate to govern further proceedings; It is ORDERED that: 1. The parties shall complete all discovery by February 24, 2012. 2. Pretrial dispositive motions, if any, together with any required affidavits, evidentiary material and accompanying briefs, shall be filed on or before March 9, 2012. 3. Trial will be scheduled by future Order of Court. E CO Eugene ike, II, Senior Judge _- r_ ` ~ ~ ~- ~- EUGENE E. FIKE, II, SENIOR JUDGE Judge's Chambers SOMERSET COUNTY COURTHOUSE 111 EAST UNION STREET, SUITE 65 SOMERSET, PENNSYLVANIA 15501 January 5, 2012 Melissa H. Calvanelli Court Administrator Court Administrator's Office 1 Courthouse Square, Room 400 Carlisle, PA 1.7013 Dear Ms. Calvanelli: RE: Estate of Peter N. Kutulakis Register of Wills No.: 1997-00716 (814) -1-15 -1742 FAX. (81-1) 445-1455 Enclosed is a Case Management Order to be entered in the above-referenced case. I would appreciate your seeing to it that the Order is filed and that copies are distributed to counsel. If you have any question or comment, please let me know. Many thanks for your help. Very truly yours, Euge . Fike, II In Re: PETER N KUTULAKIS ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-97-0716 ORDER DATE: 1~ JUDGE'S INITIALS: TIME STAMP DATE: CERTIFICATE OF SERVICE OF ORDER IN RE: CASE MANAGEMENT ORDER ............................. ................. . JASON P KUTULAKIS SERVICE TO: DEAN E REYNOSA MARY D KUTULAKIS THOMAS PLACE METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 1/10/12 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT epnty Clerk of Orphans' Court 1 IN RE: ESTATE OF PETER N. KUTULAKIS 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 ORDER NOW, this~day of February, 2012, it is Ordered that Petitioner's Motion For Expansion Of Time ~To Conduct Discovery is granted to the extent that paragraph 1 of the January 5, 2012 Case Management Order is amended to provide that discovery shall be completed by March 16, 2012; and pazagraph 2 of the January 5, 2012 Case Management Order is amended to provide that pretrial dispositive motions with accompanying exhibits shall be filed on or before Mazch 21, 2012. Trial is scheduled for April 12, and, if necessary, April 13, 2012. BY THE COURT: Eugene ike, II, Senior dge ^^ ^I ~~ ^~ , ~~ D h,, _~ ~~ ~. N F t- ~, Yli r -~ .~.f i (':`~ ~~ r ~r ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: PETER KUTULAKIS CUMBERLAND COUNTY PENNSYLVANIA NO. 1997-0716 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02/27/12 JUDGE'S INITIALS: EEF TIME STAMP DATE: 03/02/12 IN RE: ORDER SERVICE TO: JASON KUTULAKIS MARY KUTULAKIS THOMAS PLACE METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 03/02/12 SERVICE TO: DEAN REYNOSA METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 03/02/12 ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT puty Jerk of Orph s' :., ~, .W, ~ _ III ~~~!i~! III 1.• ~', I~ EUGENE E. FIKE, II, SENIOR JUDGE Judge's Chambers SOMERSET COUNTY COURTHOUSE 111 EAST UNION STREET, SUITE 65 SOMERSET, PENNSYLVANIA 15501 (814) 445 -1742 FAX: (814) 445-1455 February 27, 2012 Melissa Calvanelli District Court Administrator Courthouse 1 Courthouse Square, Room 400 Cazlisle, PA 17013 Dear Ms. Calvanelli: RE: Estate of Peter Kutulakis ROW No. 1997-00716 Enclosed is as Order that rules on Attorney Kutulakis' Motion For Expansion Of Time To Conduct Discovery. The Order is self-explanatory. However, you will note that the trial remains scheduled for April 12-13. Would you please see to it that the Order is filed and that copies are distributed to counsel? If you have any questions or comments, please let me know. As always, many thanks. Very truly yours, ~.___.~~~ --.a E . Fike II ~ ~~°`~ ~o c,r. I ~;m 2r~~ N .ate, SOT ~ ::~-' -r^'~ `~ ~ C.J ~. ~ r~ ~ cn IN RE ESTATE OF PETER N. KUTULAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 PRAECIPE TO FILE AFFIDAVIT OF RECORD To the Register of Wills: Please file the attached Affidavit of Steven J. Schiffman, Esquire, of record in the above captioned matter. Respectfully submitted, 3-zt- ~~~ SAIDIS, S~LIVAN & ROGERS ,Dean E:-Reynosa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent Mary D. Kutulakis -~~"-' ~ 1 ~~ ~ ~f ~~ _ ~ '"`3'1 --i ~ 4 .. ~ 1-r't ~ t ••a ~'', ~ .W~ . IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.:1997-00716x..7 f-_} ~, .n ~,~ AFFIDAVIT OF STEVEN J. SCHIFFMAN, ESQUIRE _y ~ ~ ~~ _ ~ , ~ ~--, I, Steven J. Schiffman, Esquire, being duly sworn according to law, ~ -, _ _.. .--, c ~< depose and state as follows: ~ ~ `"' .-, 4,. `~' t,r C,3 1. I, Steven J. Schiffman, Esquire, was retained by the Estate of Peter N. Kutulakis to represent the estate through the probate process. 2. The Executor of the Estate of Peter N. Kutulakis was Thomas M. Place. 3. I concluded my representation of the Estate of Peter N. Kutulakis on or about April 27, 2000. 4. Upon the conclusion of my representation, Isent aletter to Thomas M. Place on or about April 27, 2000, detailing the estate administration and notifying Mr. Place that the estate administration was now complete. 5. I verify that the letter attached hereto as Exhibit A is a true and correct copy of the letter sent to Thomas M. Place on or about April 27, 2000. 6. Upon the conclusion of my representation, (also sent letters to Mary D. Kutulakis and Jason P. Kutulakis on or about April 27, 2000, detailing the estate administration and notifying each that the estate administration was now complete. 7. I verify that the letter attached hereto as Exhibit B is a true and correct copy of the letter sent to each Mary D. Kutulakis and Jason P. Kutulakis on or about April 27, 2000. 1 8. Jason P. Kutulakis' letter was sent the address that I had on file for him which was 411 Barnstable Road, Carlisle, PA 17013. 9. I did not receive the letter addressed to Jason P. Kutulakis back from the postal service. 10. Additionally, the letter addressed to Mary D. Kutulakis and Jason P. Kutulakis noted that income tax schedules were included with the April 27th letter since there were tax consequences to each beneficiary. 11. I verify that the letters attached hereto are true and accurate copies of the letters in my file concerning the Estate of Peter N. Kutulakis. 12. The above statements are true and correct based upon my personal knowledge. Date: 3 ?~~ ~ 'L .~ ; ~~ ~..-~- ~ , ~' ~ Steven J. S ~ ffman, Esq. ~% G' COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF ~ ~~-~'-~-'''i' On this, the ~~' day of ~'JCt,1c:.~'ti/ 2012, before me, the undersigned officer personally appeared Steven J. Schiffman, Esquire, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ~~c/c~'' 'Y`' (SEAL) Title of Officer COMMONWEALTH OF PENNSYLVANIA 2 NOTARIAL SEAL Debra A. Evangelisti, Notary Public Susquehanna Township, Dauphin Couaty My commission expires May 07, 2012 April 27, 2000 LORI K. SERRATELLI STEVEN 1. SCHIFFMAN Thomas M. Place, Esq. MICHAEL F. BROWN The Dickinson School of Law 150 South College Street RONALD L. CALHOON Carlisle, PA 17013 ANDREW J. OSTROWSKI Re: Estate of Peter N. Kutulakis DEBORAH L. PACKER Dear Tom: STEVEN ~. SPAHR Enclosed please find copies of the final fiduciary returns; final status MAURA B. MUNDY report and letter to the beneficiaries. The Estate administration is now complete. MELANIE L. ERB If you wish to obtain any original documents from the file, please let me know within the next thirty days; otherwise, the file will be placed in storage. GARTH A. STEPHENSON °` c°u~,;ei If you have any questions, do not hesitate to contact me. Thank you. (MD S DC 6arti C~ni~. IOHN D. SHERIDAN Very truly yours, .... _ .. SERRATELLI, SCHIFFMAN, BROWN & ~A,~HOON, P.C. SJS/dae SuirE Zol Enclosures ?080 Li~cLFSTOwx Rojo HAR2I~BLRC;, P:A 1,'110-9~~~0 (717) 540-9170 LORI K. SERRATELLI STEVEN ~. SCHIFFlv1AN Register of Wills MICHAEL F. BROWN Cumberland County Courthouse RONALD L. CALHOON One Courthouse Square Carlisle, PA 17013 ANDREW ~. OSTROWSKI Re: Estate of Peter N. Kutulakis DEBORAH L. PACKER No. 1997-00716 $TEVEN O SPAHR Apri127, 2000 Dear Sir/Madame: MAURA B. MUNDY Enclosed for filing, please find the original and one copy of the final status MELANIE L. ERB report with regard to the above captioned matter. GARTH A. STEPHENSON Please time and date stamp the extra copy and return it to our office in the or coun;e~ enclosed envelope. lMD & DC BZrs Oni~ l ~OHN D. SHERIDAN Thank you, in advance, for your assistance in this matter. Of Counsel ...................... SuIrE zo1 /dae 2080 Llnc~esTO~~ x Ro>.~ Enclosure HTRRISBI.RG, P,-~ cc: Thomas M. Place, Executor 17110-970 (717) 540-91 70 F~~x (71 71 ~ SOS-1S1 Very truly yours, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. G Debra A. Evangelisti, Paralegal STATUS REPORT UNDER RULE 6.12 Name of Decedent: Peter N. Kutulakis Date of Death: August 5, 1997 Will No. 1997-00716 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes x No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes x No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No x d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be atta d o this report. Dated : G/ ~~ 7-~OaT~ -` S a Steven J. Schiffman Esq `~ Name (Please type or print) 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110-9445 Address (717) 540-9170 Telephone Number Capacity: Personal Representative x Counsel for Personal Representative Apri127, 2000 LORI K. SERRATELLI STEVEN ~. SCHIFFMAN Mary D. Kutulakis Jason P. Kutulakis MICHAEL F. BROWN 505 Barnstable Road 411 Barnstable Road RONALD L. CALHOON Carlisle, PA 17013 Carlisle, PA 17013 ANDREW 1. OSTROWSKI Re: Estate of Peter M. Kutulakis DEBORAH L. PACKER Dear Mrs & Mr. Kutulakis: STEVEN ~. SPAHR Please be advised that the administration of the Estate of Peter N. MAURA B. MUNDY Kutulakis is now complete. MELANIE L. ERB The final fiduciary tax returns have now been filed. During the final year of the Estate any income/losses are passed through to the beneficiaries of the GARTH A. STEPHENSON Estate. In that regard, I have enclosed a Schedule K-1 and Schedule L for each of car c~,~~~,<<I you which should be provided to your tax preparer for use in preparing your in,~ c ~c ~~,~; c~~,i~ personal income taxes for the 2000 tax year. IOHN D. SHERIDAN ~, c~,~,,,;E; Also enclosed is a short accounting which details the distribution of the Estate funds from -the date of the formal court accounting to the present. Thank you for your attention. Very truly yours, SERRATELLI, SCHIFFMAN, BROWN ~ CA~,HOON, P.C. s~~TE zol _'080 Li~c~=sro~~~ R•:r,~ H ,z~„6~ ~~,• P ~ SJS/dae i ~ i ~ o-~r~-~~ Enclosure c ~ ~ ~ ~ 5 4 0 - 9 1 ~ o cc: Thomas M. Place, Executor FINAL SHORT ACCOUNTING Balance Remaining - 10-18-99 $229.61 11-13-99 Interest Deposit 4.72 Add-In Penn Credit Corp. Uncashed Check #163 .21 Add-In Chex Systems Uncashed Check #172 11.84 246.38 Balance Due to Serratelli, Schiffman, Brown & Calhoon: 675.00 Write-Off: 428.62 Balance: _0_ CERTIFICATE OF SERVICE I hereby certify that on this a 1 ''day of March, 2012, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Maif, postage prepaid, addressed as follows: The Honorable Eugene E. Fike Somerset County Courthouse 111 E. Union Street Somerset, PA 15501 Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS De eynosa, squire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 NOTICE TO PLEAD To: Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 You are hereby notified to plead to this Motion for Summary Judgment within thirty (30) days from service hereof. SAIDIS, SULLIVAN & ROGERS Debi E~eq~sa, Esquire A rney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent Mary D. Kutulakis ~._, ., ' -17 . 1., ~- ~ . BLS F C . vlJ '~ . r~ ` ~ ._.., ~ ~ r `._ '~~ C3 -n - : - ~_ `~ ~ C.~ , . . QT'S ` :T~ G.F-; ~ ~~C.~ "T1 C,J IN RE ESTATE OF PETER N. KUTULAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 RESPONDENT MARY D. KUTULAKIS MOTION FOR SUMMARY JUDGMENT AND NOW this~~day of March, 2012, comes Respondent Mary D. Kutulakis by and through her attorney and hereby states as follows: 1. Petitioner Jason P. Kutulakis filed a Petition to Open the Estate and set aside the final account distribution of the Estate of Peter N. Kutulakis. 2. The Honorable Joseph H. Kleinfelter directed that Respondent Mary D. Kutulakis file a response to the Petition. 3. Respondent filed her Answer in Opposition to Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kut ulakis on June 13, 2011. 4. The Honorable Eugene E. Fike, II, directed that discovery be completed prior to March 16, 2012. 5. Pretrial dispositive motions are due to be filed not later than March 21, 2011. -.~ MOTION FOR SUMMARY JUDGMENT ~'= ~ -' _ 6. Respondent incorporates the foregoing paragraphs as thouxif~ey VDBre `" ~`„ -~ fully set forth at length herein. ~~-;, ~~ ~ c _y ~"~ • r__ . ~ •'~ ' r .a - Q ' (. L; Ti 7. Section 3521 of the Decedents, Estates and Fiduciaries Code provides that any party in interest may file a petition to review a decedent's account within five years of the final confirmation. 20 Pa.C.S.A. § 3521. 8. The final account was confirmed in this matter on October 12, 1999. 9. In an effort to circumvent the statute of limitations in this matter, Petitioner has alleged that Respondent engaged in fraud when she signed for a certified return receipt card dated September 3, 1999. Petition at ¶ 54. 10. Petitioner's claim continues by suggesting that Respondent engaged in fraud in failing to deliver the First and Final Accounting that was enclosed with the September 3, 1999, mailing. Id. at ¶ 55. 11. Petitioner's claim also suggests that Respondent concealed the fact that his father died with a will. Id. at ¶ 60. 12. Petitioner's father passed away in 1997 and his Estate was probated at the Cumberland County Register of Wills. 13. Petitioner alleges that he was told by his father that he would leave a will. Id. at ¶ 12. 14. Although it is disputed, Petitioner alleges that he was told by his mother, the Respondent, that his father died without a will. Id. at ¶ 14. 15. Peter N. Kutulakis' holographic will was filed at the Cumberland County Register of Wills and Letters Testamentary were issued on August 27, 1997. See Exhibit A. 16. The Estate file with the will has been available for Petitioner's inspection at the Register of Wills Office since 1997. 17. Accepting the allegations of the Petition as true, despite the apparent disagreement as to the existence of a will, Petitioner did nothing to investigate whether a wilt was probated for his father's estate. 18. Petitioner did nothing to confirm whether a will existed until almost eleven years after the confirmation of the account and final distribution. 19. The Estate of Peter N. Kutulakis was represented by Attorney Steven J. Schiffman throughout the estate administration process. Id. at 47. 20. The status report stating that the administration of the estate was completed was filed on or about April 28, 2000. 21. On or about April 27, 2000, upon the conclusion of the estate administration process, Attorney Schiffman forwarded to Petitioner a letter advising him that the estate administration had been completed. See affidavit of Attorney Schiffman attached hereto as Exhibit B. 22. The letter was sent to Petitioner's address of 411 Barnstable Rd., Carlisle, Pennsylvania. Id. 23. Petitioner acquired 411 Barnstable Rd., from Respondent by deed dated March 12, 1999. See Exhibit C (This deed was a stipulated exhibit at the hearing concerning Respondent's Petition to Strike Lis Pendens). 24. The April 27th letter was not returned to Attorney Schiffman. Id. 25. It was not until sometime after March 2010, that Petitioner sought to investigate his father's estate file at the Register of Wills. Petition at ¶¶ 17 - 20. 26. Petitioner obtained a copy of his father's will by reviewing the documents on file at the Cumberland County Register of Wills Office. Id. 27. Petitioner has failed to allege or explain why he waited until 2010 to search the Register of Wills' file. 28. It is not until May of 2011 that Petitioner filed this Petition to Open his father's estate. 29. There are no disputed issues of material fact. 30. A petitioner who alleges fraud in the context of 20 Pa.C.S.A. § 3521 "is not only chargeable with what he knew but also with what he could have discovered by reasonable diligence." In re Thorne's Estate, 344 Pa. 503, 511, 25 A.2d 811, 815-16 (1942). 31. As a matter of law, Petitioner is chargeable for knowledge of the existence of his father's will and estate documents since they could have been discovered with reasonable diligence in the Cumberland County Register of Wills Office. Id. 32. Petitioner has failed to establish fraud under 20 Pa.C.S.A. § 3521 and therefore, he is not able to circumvent the statute of limitations. 33. Petitioner's claim to open the estate is based upon documents that were readily available to him as early as August of 1997 if he had acted diligently in confirming whether his father died with or without a will. 34. Petitioner has also failed to present sufficient evidence to overcome the doctrine of laches as he waited over eleven years to review the documents that were filed by his father's estate at the Register of Wills. See generally Kinter v. Com. Trust Co., 274 Pa. 436, 118 A. 392 (1922). 35. Respondent would be prejudiced in that Petitioner seeks to upset the ownership interest in two parcels of land owned individually by Respondent for more than a decade. Wherefore, it is respectfully suggested that there are no disputed issues of material fact and that the Respondent is entitled to judgment as a matter of law. Should this Honorable Court grant this Motion for Summary Judgment, Petitioner further requests that the lis pendens filed at 2011-4543 in the Cumberland County Prothonotary's Office be stricken with prejudice. Respecttully submitted, SAIDIS, ~ULLIVAN & ROGERS ~- Z~ - Lu~1.. bean E. Reynosa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent Mary D. Kutulakis ®ath of Personal Representative Commonwealth n4 Pennaylvanta I;ountyo4 Ctunberland Ttte PoBtioner(s) abOVe-named swear(s) or atllrm(s) that tho statements In the foregoing Petition ere true and correct to the bust of the knowledge and belie) of Petitioner(s) and that, as personal represontet)vo(s} of the Decedent, Petitioner(s) wlSl well and truly adrrunlster the estate acc ding to law. Sworn to or attirmod and subscribed ~~ ~~ before ma this ?6TN day of AUGU~~T ie 97 ~ ~~ J I ~ For the Register MARY ~EWIS No 71 - 97 - 716 Estateot Peter N. Kutulakis Deceased Social Security No: 208- 26 - 3096 Dato of Death: 08/05/97 AND NOW, AUGUST 26 , 19~, in consideration of the Petition on the reverse lido hereon, satisfactory proof having been presented before me, IT IS DECREED that Lottery ~ Testamentary ~ O1 Administration (c.t.a.; d.b.n.c.t.a.; pondenle life; durante absantia; durante minorRate) are hereby granted to Thomas Place t ~ in the above estate and that the instrument(s) dated 11/09/92 i-_ _ _- -- ------_ _ _ described in the Petition bo admitted to probate and filed o1 record as the last NJill of Decedent. 1 I _ _ ~ ~ Letters. $ ' ~'' . _ ~ .+ _ f ~~ ~~~' ~ Register o1 Wills f ~'" ~ ~ Short Certificate(s) . $ ~~C ~ ` '~ MAR Y C W I S //'/n~I / I ,Ift ~ ( / ~ ~ Renunciation.. $ ti ~1 %~% f,- ~ C Attorney Steven'J. hiffman Affidavits ( ). $ LD. No: 25488 Extra Pages ( ) , $ Address: 2080 Linglestot,m Rd, Suite 201 Codicil... ...... .. $ Harrisburg, PA 17110 JCP Fee , $ Telephon©: 717/540- 9170 Inventory. $ Other $ TOTAL. $ /;, •.~ Prrrpand by th• P~nnsylw nu Bar A~enuaUnn Copy~~7nt Ic) i99R form sottwerv only CPSyslnma, Inc. Form RW-t (1791) - ~~r. .. ~ ~ Letters and order given to EXPC~Itnr ~,. o ~- ~-. ____ .__ ,.'..ir",.'C~fti_;.r E~ .....: nom.; _.,- :.ry,...:.•_-... .. / --_T'.-..,..--_..«._.._~ t. v .. ~..y.r i IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 AFFIDAVIT OF STEVEN J. SCHIFFMAN, ESQUIRE I, Steven J. Schiffman, Esquire, being duly sworn according to law, hereby depose and state as follows: 1. I, Steven J. Schiffman, Esquire, was retained by the Estate of Peter N. Kutulakis to represent the estate through the probate process. 2. The Executor of the Estate of Peter N. Kutulakis was Thomas M. Place. 3. I concluded my representation of the Estate of Peter N. Kutulakis on or about April 27, 2000. 4. Upon the conclusion of my representation, Isent aletter to Thomas M. Place on or about April 27, 2000, detailing the estate administration and notifying Mr. Place that the estate administration was now complete. 5. I verify that the letter attached hereto as Exhibit A is a true and correct copy of the letter sent to Thomas M. Place on or about April 27, 2000. 6. Upon the conclusion of my representation, lalso sent letters to Mary D. Kutulakis and Jason P. Kutulakis on or about April 27, 2000, detailing the estate administration and notifying each that the estate administration was now complete. 7. I verify that the letter attached hereto as Exhibit B is a true and correct copy of the letter sent to each Mary D. Kutulakis and Jason P. Kutulakis on or about April 27, 2000. 1 8. Jason P. Kutulakis' letter was sent the address that I had on file for him which was 411 Barnstable Road, Carlisle, PA 17013. 9. I did not receive the letter addressed to Jason P. Kutulakis back from the postal service. 10. Additionally, the letter addressed to Mary D. Kutulakis and Jason P. Kutulakis noted that income tax schedules were included with the April 27~' letter since there were tax consequences to each beneficiary. 11. I verify that the letters attached hereto are true and accurate copies of the letters in my file concerning the Estate of Peter N. Kutulakis. 12. The above statements are true and correct based upon my personal knowledge, Z~ / 2 Date:: .~' ;':,~ ~; , .~__ f` Steven J. S>iffman, Esq. COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF ~ u-'''~' R On this, the ate`' day of 1Gr,~t'~.e 2012, before me, the undersigned officer personally appeared Steven J Schiffman, Esquire, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ,, ~ ,~,~ ~ ,jF~~ (SEAL) Title of Officer ~~ C~lMMOiVWBALTFi OF PENNgY1.VANIA 2 NCj'I'ARtAi, SEAL Debra A Evangclisti, Notary Public Suagtectianna Township, Dauphin County commission ex ices Msy 4T, 2012 Apri127, 2000 LORI K. $ERRATELL! STEVEN ). SCHIFFMAN Thomas M. Place, Esq. The Dickinson School of Law MICHAEL F. BROWN 150 South College Street RONALD L. CALHOON Carllsle, PA 17013 ANDREW ). OSTROWSKI Re: Estate of Peter N. Kutulakis DEBORAH L. PACKER Dear Tom: $TEVEN O. SPAHR Enclosed please find copies of the final fiduciary returns; final status MAURA B. MUNDY report and letter to the beneficiaries. The Estate administration is now complete. MELANIE L. ER6 If you wish to obtain any original documents from the file, please let me know within the next thirty days; otherwise, the file will be placed in storage. GARTH A. STEPHENSON Or coup>el If you have any questions, do not hesitate to contact me. Thank you. !MD & DC Bars C~nh ~ )OHN D. SHERIDAN Very truly yours, ~)( COLIIItiC'I SERRATELLI, SCHIFFMAN, P.C. SJS/dae ~u'T~ ~{'' Enclosures ~OUO Ll~rl.es-c,~i•;: Ro+o r.~,~:~s~., k~ :. I>, 1 ; 11 C'• 4~i'{1 (717) 540-4170 Apri127, 2000 LORI K. SERRATELLI STEVEN ). SCHIFFMAN MICHAEL F. BROWN Register of Wills Cumberland County Courthouse RONALD L. CALHOON One Courthouse Square Carlisle, PA 17013 ANDREW ). OSTROWSKI Re: Estate of Peter N. Kutulakis DEBORAH L. PACKER NO. 1997-00716 STEVEN O. SPAHR Dear Sir/Madame: MAURA B. MUNDY Enclosed for filing, please find the original and one copy of the final status MELANIE L. ERB report with regard to the above captioned matter. \.IARTH A. ~TEPHENSON please time and date stamp the extra copy and return it to our office in the of co~n~~i enclosed envelope. IMD & DC bars Onlvi )ONN D. SHERIDAN Thank You, in advance, for your assistance in this matter. Of Counsel Very truly yours, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Debra A. Evangelista, Paralegal Suir~ zo7 /dae 2080 LwcLesrow~ Ro-.° Enclosure Hr,rcKis~~~c., ?A cc: Thomas M. Place, Executor 77770-9~,n (717) 540-9170 [`:~~ ~7 7i ~-1Q-5-781 STATUS REPORT UNDER. RULE 6.12 Name of Decedent: Peter N. Kutulakis Date of Death: August 5, 19:97 Will No. 1997-00716 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes x No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes x No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No x d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may bey1atta~Y}~d/~o this report. Dated: 7 ,~(~-oJ0"dT1 Steven__J. Schiffman, Es `y~ Name (Please type or print) 2080 Linglestown Rd., Suite 201 Harrisburg. PA 17110-9445 Address (717.) 540-9170 Telephone Number Capacity: Personal Representative x Counsel for Personal Representative Apri127, 2000 LORI K. SERRATELLI STEVEN f .SCHIFFMAN Mary D. Kutulakis Jason P. Kutulakis MICHAEL F. BROWN 505 Barnstable Road 411 Barnstable Road RONALD L. CALHOON Carlisle, PA 17013 Carlisle, PA 17013 ANDREW f . OSTRbWSKI Re: Estate of Peter M. Kutulakis DEBORAH L. PACKER Dear Mrs & Mr. Kutulakis: STEVEN ~. SPAHR Please be advised that the administration of the Estate of Peter N. MAURA B. MUNDY Kutulakis is now complete. MELANIE L. ERB The final fiduciary tax returns have now been filed. During the final year of the Estate any income/losses are passed through to the beneficiaries of the GARTH A. STEPHENSON Estate. In that regard, I have enclosed a Schedule K-1 and Schedule L for each of o. a~~~~,;e! you which should be provided to your tax preparer for use in preparing your tnau c ac o,~; o.,!` personal income taxes for the 2000 tax year. IOHN D. SHERIDAN or c~~~~~,:f~l Also enclosed is a short accounting which details the distribution of the Estate funds from the date of the formal court accounting to the present. Thank you for your attention. Very truly yours, SERRATELLI, SCHIFFMAN, BROWN ~c CAI~~OON, P.C. SuiTe 2J i H>~R„s~k~;. P~ SJS/dae -1 ~ o-~c,; o Enclosure t ~ > > > s a o - 9 I % o cc: Thomas M. Place, Executor f;,a I; 5.~;;-. ,.. FINAL SHORT ACCOUNTING Balance Remaining - 10-18-99 $229.61 11-13-99 Interest Deposit 4.72 Add-In Penn Credit Corp. Uncashed Check #163 .21 Add-In Chex Systems Uncashed Check #172 11.84 246.38 Balance Due to Serratelli, Schiffman, Brown & Calhoon: 675.00 Write-Off: 428.62 Balance: _0_ vvnanvnnV161r19r1'Cr~11~ILYMIIA Courriy of CUMBERLM~ ~ I Robert P Ziegier~ Recorder, do Gerrity that the foregoing ~ alma arN~" My Comrnt~torj Jan. 20, zot• ~ ~. `~ / 3~ DIiED Parcel N; P/O 26-08-0583-065 A4ADI3 the 1 ~~ clay of (~O.r..r 4~ , 1999, BIiTWBF1V MARY D. KIJTULAKIS, WIDOW, of West Pennsboro Township, Cumberland County, Pennsylvnnia, hereinafter referred to ns Anci GRANTOR JASON P. I<uTULAKIS and JOANNE E. I:U`I'ULAKIS, husband and wife; of F-Iershey, Dauphin County, Pennsylvnnia, hereinafter referred to as GRAiV'I'SI'sS l"' Wl'TNESSETIi, that in consideration of ONE ($1.00) DOLLAR, in hand paid, the receipt whereof is harsh}~ acknowledged, then said Grantor does hereby grant atld convey to the said Grantees, their heirs and assigns; ALL that certain tract of lend ~vltlt improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan of Mary b. Kutulakis, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Boot. 78, Pnge 53, as followD~ BEGINNING at an iron pin set on the dedicated right o(wn}' lute of a public road knotivn as Barnstable Road (7'-247), thcnce South O6 degrees 30 minutes 00 seconds East n distance of 100.00 feet to a nail; thence along lands now or formerl}~ of Sylvia H, Rambo and passing dtrough Barnstable Road (T-447) South Oti degrees 45 minutes 14 seconds West a distance of 200,00 feet to a nail; thence along lands now or formerly of Sylvia I-I, Rambo North 78 degrees 30 minutes 00 seconds East n distance of 764,27 feet to a set iron pJn; thence along lands now or formerly of Raymond II. Blain South 15 degrees 15 minutes 00 seconds Easf a distance of 418,60 feet to n set iron pin; thence along Innds now or formerly of Mary D, i~utulakis South 77 degrees 23 minutes 05 seconds West to a set bolt; thence North 20 degrees 10 minutes 47 seconds Wesl a distance of 52.65 feet; thence North 15 degrees 07 minutes 33 seconds Wept n distance of 42,64 feet; thence along lands now or formerly of Mary D. I<utulakis South 77 degrees 47 minutes 29 seconds West n distance of 219.80 feet to an iron pin; thence North 11 degrees ~G minutes 43 seconds Wesf n distance of 49.33 feet to on iron pin; thence South 7t? degrees 05 minutes 33 seconds West a dislnnce of 53ti.4B feet In a set iron pin; thence iJorth 11 degrees 30 minutes 00 seconds Wesf n distance of /"" JGlif .~~5 i;,f,r ~~~. 587.62 feet ho a set iron pin; thence along lands now or formerly of Sylvia l-l, Rambo North 78 degrees 3U minutes UO seconds East a distance o! 190.D6 feet to an iron pin, the place of BEGINNING. CONTAINING 20.338 acres and being Lot 3-A of the aforementioned Subdivision Plan, BEING part of the same premises which Robert R, Line, Jr., and Joan P. Line, his wife, granted and conveyed unto Peter N. Kutulakis and Mar}~ D. Y.utulakis, his wife, by deed dated October 2, 1965, and recorded in the Cumberland County Recorder of Deeds Office In Deed Book 2I-T,4t)8, The said Peter N. l:utulakis died August 5, 1997, thereb}~ vesting title in the widow, Mary U. KutulakJs, Grantor herein. THIS 1S A CONVLYANCE FROM MOTHER TO SON AND DAUGI-ITBR-IN- LAW AND THEREFORE LXEMI'T PROM RrALTY TRANSPER'I'AX. UNDER AND SUBJECT, H041rBVER, 7'O RESTRICTIONS OP RECORD AND AS SG7' FORTH IiJ THE: ABOVE-MHNTIONliD DEED. AND the Grantor will warrant generally the property herebti~ conveyed. IN WITNL+SS WHI'sREOF, the said Grantor has set her ]rand and seal the day and year first above written. SIGNED, SI3ALED ,~N[7 DELIl'EIZED I ~! Tf-IE PRESENCE OP; ~qq ~; _ Ih (SEAL) n D <utuln Js COMMOIJWLALTI-i OP PENNSYLVANIA ) COUN'T'Y OP CUMBERLAND ~S. +a On this, the ~2- -day of ~~~-^-G~- , 1999, before me the undersigned officer, personally appeared Mnry D. Y.utulakls, known to me or satisfactorily proven to be the person whose name in subscribed to the wit. ~,~, "?^* instrument, and ack:nowled ed that she executed the same for the u'. 'p r""'L~~ ~~' S P 1P ;,:,r;,,;:; therein contained, •~ ~ - ' `~-< ii d'~~~.ajir~~~i?f~R r ~: w IN WI'I'NhSS WHEREOF, I hereunto set m hand and official seal,,. '~~"' `~~ NOiAHULSEAI /"IL~.5.~ ~~ ~ Y'~';3~';~'+=';r,~',r',t~'::, GEDRfE F. DOUGLAS, IIIHU1AftY PURtIC 1 ~,~ ~-. ~ !~ 1-- Nof~ ~ - n~~~p~~ f'knl ISLE fI0R0., CUMOERUHD COU++N I' r ~ -rR.'f~Mui'r17.'ltr'~x~,.~ •,~necinN EXPIRES JIIHE 2G, 1999 "; ~--- I, Certificate of Residence 7 hereby certify that the precise residence and complete post office address of the within Grantees is: 4-f ! ~yt_r.~~sa..Q,~.3.. ~ d- ,Carlisle, PA 17013 Dated: 3 f ~- `~ ~ 9stQ~. ~: ~~J~/~4.i1- ~• A~Etorney or Grantees ?., , ., i n; '~ ~ [ti l~ I ~''~ ;.- C"J w ,_ r „r "~ N <~ '- _ i o ~ i:) L~ Q ' r ~C7 ~.. ~ ~ ~r -> ri.r ~ r;:: ~ cn ::i p~ r.: i~~t^ a1 Fcnnsylvanlo 1 ~.r,,,t • ~ t Ct!tnl:arlnnd (i6 ' ' in II!r, ot;lro for lho recording of UosUs i:f . C.Q.~(V,ino~ Vol. ~ Page •~' ~,, ;~ my hand an cnnl of ofll9 :rli,:l~;, i!~t this ___1. ~_._ dey op, tU /-~ ~r ~ Rs rder yrr f~I. $l a , UOUK .~.~J f~ili[ ~;c.:v r--~ ~.. CERTIFICATE OF SERVICE I hereby certify that on this a ~ day of March, 2012, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: The Honorable Eugene E. Fike Somerset County Courthouse 111 E. Union Street Somerset, PA 15501 Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Den .- eyno Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222