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IN RE ESTATE OF
PETER N. KUTULAKIS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS NO.: 1997-00716
AND NOW, this 23'~ 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.
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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'/~ 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. Pazagraphs 1-24 aze 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
pazcel 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. T'he 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 % 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, Cazlisle, 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, Cazlisle, 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, Cazlisle,
PA 17013.
46. On August 19, 1999, Jason P. Kutulakis resided at 411 Barnstable Road, Cazlisle,
PA 17013.
47. The attorney for the Estate, Steven J. Schiffinan, 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. Kutulakis and to set aside the Final
Account and Distribution.
Respectfully submitted,
Ja on P.~ tulakis
P o Se ~
ttorney LD. No.: 80411
2 West High Street
Carlisle, PA 17013
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EXHIBIT "A"
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21 - 97 - 716
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EXHIBIT "B"
6-6 CC>.a~f' ~ro~-~-~s~x~v
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AGREEMENT OF SALE
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MADE THIS oZ~ day of , -1996, by and between
THOMAS M. PLACE, 530 treason Road, Carlis e, Cumberland County, Pennsylvania,
(hereinafter referred to as "Seller") and PETER N. KU'I'ULAKI5, 7 East Chapel Street,
Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Purchaser").
NOW THIS AGREEMENT WITNESSETH, that the parties herein, for and in
consideration of the mutual covenants contained herein, and intending to be legallybound,
hereby agree as follows:
1. premises Sold.
Seller agrees to sell to Purchaser, who agrees to purchaac tha real estato located at
505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, together with a home and
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 West
137.5 feet more or less to an old fence at line of land 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
less to the place of BEGINNING.
BEING the same property which Peter N. Kutulakis and Mary D. Kutulakis, his
wife, by their Deed dated Aprii 22, 1974, and recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Dccd Book O, Yol. 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 made on the sf~`-~~
principal during the period of the contract shall be payable on August 1, 1977. ~ ~ r ~ ~,~
Upon full compliance with the terms and provisions .set forth herein, Seller agrees to
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 this
contract.
4. Personal Property.
All existing plumbing, heating, lighting fixtures, kitchen appliances, installed carpeting
and fixtures are included without warranty in the purchase price.
5. Use, of Property.
Purchaser shall have full use of property including making improvements or alterations
in the property during the period of this contract.
6. Risk of Loss.
Purchaser shall bear risk of loss from fire and. other casualty. In the event of damage
to tha proporry by fire ar ether cttaualty, any insurance progeeds 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 ment.
'i'bis Agreement will he binding upon the respective heirs, cxecutc~rs, adminixtrators,
successors of the parties hereto.
Page 2 of 3 Pages
8.
in the event that Purchaser violates any of the terms of this Agreement, the sums laid
by Purchaser which fiave been applied to the mortgage may be retained by Seller as rent 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.
Seller:
~ ~ ~ ~~m ~ ~
Witness
Purchaser:
Witness
Page 3 of 3 Pages
~~ql~ ~•~q ~~; n4
ruaF'-'
File No. OS-OOZl Parcel ID No. 46.08-0583-067
~f' e 200 ~'1flY 16 Pfd 1 1~
~G1/ ~ j ~ ~ L ~~ ~ made the 10th day of May, 2005
~Ct~pCEtl MARY D. KiJT'ULAKIS, widow, of 505 Barnstable Road, Carlisle, l?A, 17013
(hereinafter called the Grantor), of the one part, and
MARY D. KUTULAKIS
(hereinafter called the Grantee), of the other part,
~ltlleggCt~ that the said Grantor for and in consideration of the sum ofNO AND 00/100 DOLLARS
($.00)1awfW money of the United States of America, unto him well and truly paid by the said Grants, at
or before the sealing and delivery hereof; the receipt whereof is hereby acknowledged, has remised,
releasod and quit-claimed, and by these presents does remise, release and quit-claim unto the said
Grantee, as sole owner, her hairs and assigns,
All 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 poi 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, Nord 76
degrees 47 minutes 22 seconds East, 248.90 feet to an iron pin; thence by same and lands
of Jason P Kutulskis and wife, 13 degrees 12 minutes 38 seconds East, 410.70 feet to a
point located in the center of Barnstable Road (T-447); thence along said road, South 76
degrees 47 minutes 22 seconds West, 200 feet to a point, the POINT AND PLACE OF
BEGINNING. ' w' ~,
CONTAINING 2.13 acres more or less. ~~ VF
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 Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 177 age 2 granted and conveyed
unto Mary D. Kutulakis, Mortgagor herein.
AND BEING a portion of the same premises which Robert R. Line, 7r., and Joan P. Line,
by Deed dated 10/2%65 and being recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book 21-T, Page 408, granted and
conveyed unto Peter H. Kutulakis and Mary D. Kutulakis. The said Peter H. Kutulakis
t;lioK 268 encc4~76
Coed-Quit Claim 1
EXHIBIT "D"
11/06/2009 2:36:04 PM CUMBERLAND COUNTY
• - ape a
',
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. ESrc1n}et? -F~ (~ran-}ur Rre one .n -the Same.
~ttber dtt~ ~-ubjeet t0 all conditions, covenants and restrictions of record.
~togetfjer tuitI~ all and singular the tenements, hereditaments and appurtenances, thereunto
belonging, or in any wise appertaining, and the reversions, remainders, rents, issues and profits thereof;
and also, all the estate, right, title, interest, property, claim and demand whatsoever as well in law as in
equity, of the said party of the first part, of, in, or to the above~escribed premises, and every part and-
parcel thereof, with the appurtenances. -
AGO ~JBbC ~ttb t0 ~j0~ the said lot or piece of ground described premises together with the
appurtenances, unto the said Grantee, his heirs and assigns, forover.
~tt ~itite~c~ ~I~erenf, the party of the first part has hereunto set his hand and seal Dated the
day and year first above written.
SEALED AND DELNERED
IN TIC PRESENCE OF US:
{SEAL}
R . KU CIS
Commonwealth of Pennsylvania ~ ~
County of Cumberland
On this the 10th day of May, 2005, before me, the undersigned Notary Public, personally appeared
MARY D. KiTCIJI.AKIS, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledged that she executed the same for the purposes therein contained.
IN WI'T'NESS WI-IEREOF, I hereunto set my hand ~ official seal.
Notary is
My commission expires
C ONWE.uTH~E[~NS'nYA
Notrrid SaI
MgFla F. Under, Notcy Public
ORStown Boro. F Wt~~ Wn2008
MY Cammissian t ~
µe,nper, PenrmyNsn1O .
esobit ~~~ PAGE~~'f ~f
2
11/06/2009 2:36:04 PM
.-.
Deed-Quit Claim
CUMBERLAND COUNTY
Inst.# 200516917 -Page 2 of 3
The address of the above-named Grantee is:
505 Barnatabk Road
Ca le, PA 17013
i
On behalf of the tce
File No. OS-0021
Record and tetum to:
Big Spriag band Transfer Company
34 So^tb Hanover Street
Carlisle, PA 17013
suox 268 PACE43'~8
DeeU-Quit Claim 3
(. ti;`
.~"~ Je I:,14 ~~. V_iL art .`•. ~
~i.i C-Lt~ifUl:;~;t;~( ~l~(;1at;l`, 3"t',
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G i
1 r..~'%..'I:..s
, \.,
Recorder of Deeds
11/06/2009 2:36:04 PM CUMBERLAND COUNTY Inst.# 200516917 -Page 3 of 3
f I ~ nWT M.-+b nj. ^I~..\ 7.R .M ,[ IM,.
a+n a.a 1.,.. err h
~ t~
MADE TXE 7.
of oar Lord sws lAovsaad nice Aundrsd -
ecr~2lrue 408 ; ~~ ~ ^~n., .''/.i::'-:'.'
~eeb>
day of Oetob er is Ae ytnr
sixty Slur (1965)•
BET;VEEN ROBE3T R, LIttE, JR. and Jt14N P. LINE, his wife of
R. D. 5. Carlisle, Pennsylvania, hereinafter called
Gvaator e.
and PETER ti, ROTOLAiQ9 and VARY D. HIfTUL0.ftIS, his wife, of
the Borough of Carllele, Psnnaylvanie, hereinafter called
Cmnlesa
lVITNESSETX, tUa! in eoneideration of
FSghtaon Thousand FSva Hundred (~ 18,500,00) Dupers,
is Fsnd yaid, [be roetiP! tchsreoJ is Afrsby ackemvledD~. lfia said prentora da Aenby gran!
andeonnrytotkssaidproxteea, their hairs and assiTS, as tenants by the
entireties:
ALL that certain tract of land situate in Bast Ponnaboro Township.
Cumberland County, Pennaglvanis, bounded and described pursuant to a
curves by Thomas A. Neff, Registered Surveyor, on Septomber 29, 1965,
as follows:
B~GINHINC~at a spike in the center of Township Roed No. 447: thence
by lend stout to be conveped to Sylvia H. Rambo, South 78 defrena 30
minutes West 940 foot to a point; thence by the same, South 11 dogreea
30 minutas.Ecst 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 formerl*
of Clarence LSne, South 37 degrees 15 minutes West 904 feet to a stone;
thence by land nov or formerly. of Asy Albright, North 78 dogreea 30 ,
minutes Esst 2070 feet to a post; thence by the same, South 20 decrees '
East 479.30 feet to a stake•'thence b ,7}p,y~,or formerly oP Benjamin
M. Dfoyer, North B1 depreea ll; minutsa(y'(IS,20 Poet to a stake on ;
Lhe Fast side of Township Road No. 4`V7; thence by land now or formerly
of Byron H. iCltch and in Township Road No. 447 in part. North 34 deFresa '
50 minutes Eaat 559.25 feet to a poaL; thence nontinuing by land now qr
formerly of Byron H. Kitoh, North 78 degrees 15 minutes Esat 802.70 feet ~
to a post; thence by land now or formerly of Richard C'iamberlaits, North
1$ degrees 15 minute9 Waat 830 feet to a stake; thence bq land aDOUt to
be conveped to Sylvia H. Rambo, South 78 degrees 30 minutes Neat 784.27
feet to a spike in the center of Township Road No. 447; lrhence by the
canter of said Township Road 1IO. 1{47, North 6 dogreea 44 minutes East !
200 feet to a spike; thence bythe acme, North 6 dogreea• 30 minutes Wsat
100 feet to the Place of BEOIN:7ING,~ ~~
• CONTAININti 72,$$0 Acres, more or less, and being improved with a ;~
frame house and atone and framo barn, _ !
BEITIC theSouthern portion of the property whSch }+aa•cgnne ed to ,
Robs rt R, Lino, Jr. and Joen P, Line,. his wife, by Archie S, NcClintoak
and Nary B. McClintock, hie wife,by Deed dated AuFUSt~lt1961; and re- -
corded in~the office of the Aeeorder of Deeds for Cumberland County in ~ '.'
Deed Hook "H", Yolume 21, Page 524,
~wr
chfsl Pst. Cum E. Cs. Ps. ,~q
I . ,ol6 hb OuJrr qr y/ ~/ J (. •.a~Ir~ll~, • e '
I i.
ij
,p
{m. ..............
1!06/2009 2:34:41 PM
r ~I r r EXHIBIT "E"
Q` ..rm z n ls,nc a.. soc ~.I ILI~~~ ` il. ` ~,. ~_J
r~---T--^---'i' ''---""^~^{'TTni'T'r-l'i"rtTT~TfP~i tl'-c"'tTi111'II1111i if k' 1 I
CUMBERLAND COUNTY Inst# 196501115 -Page 1 of 3
Mm tn.aQ ytatte 91% at tmlt+ry natty ~~ n+ttt V'm
~-. _..r .. ..~.~ _ _ __ ..~. ... ,a. L,
.. __._ ~ ,
~~
AND tAr raid pronton Aenby toatnant and sent tAs! fAey snd eseA of tAnt ttit! nerrant
yenera117 , tAt property Atrsby tonrWed.
~, 4 f(~e~_ . ' `+5~. `~.~J~j~1 ][ Siy .~r/'r• •'~J . '>~ ~~Ai ~ l
.. , ~ Ly ( .
[~~;rbrT~:n
!N ii'lTNESS li'NERtiOF, aaid~prentors~ leave kenynto ter their
eke doy and ynr Qnt eboae briltsn. Aande and trots
~y..s, ~t.l.e«eO,Nae'N ~F.~.~-~ ~ d ,~..~_ _ tear
~ __
Y W f-tteten d
A~ Robert R, Lins, Jr.
our
R~-.~ J(
.~ ~ ~ I ~-.~~.~...`~ J[
~ /. vl /'Y..C. Nei
..._..._.
i!
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Sfate of Pennsylvania
N. ,
coxney of turaberlend ~ 1
Oa tAu, tkt y - day of October , ty 65 . ba/art me,
tAE Yndfrtlynad ODtCM, ptnenatty appmnd Robert R. L1ne, Jr. •nd Jan P, Lins.
his vile,
knoroa to sns (ar aatitjattor~Ty proven) to bt tkt ptrtMe .tAatenamro are tnbnribcd roller
toJtkin intlrxment end sekwatedytd fkat ttuj a:aexled !At tame. for eke pxrpotts thenix
eantainsd. .....~.. .
-!N WITNESS WXL°t~EOF, ! Atrrnnto st! my M and o~Feiat ttaR ~ '' V~' 'E? ''•.
•a..;••:... .
_~".:..
N~YARY PUBLIC ~ui,[o ~ J i-t.7=
_..~J.C.6p„cYtN0.1149.:e~~ ~w.:a. ~:,.
6otb d GeMM. Pa. Curb. faflfe blrvlY{yt*•" ' ,, , q -
~.•;ir,<~~.
OCpf 1 ~iM6E $Qg .
--__ _ .. ___..... > s
11!06/2009 2:34:41 PM CUMBERLAND COUNTY Inst.# 196501115 -Page 2 of 3
~~21-ttf 410
State o/
a+.
CorntY o1
On tkie, tkt day o/ , ty , be/are me,
' lkr urrderaiyned offitor, prraondty appe¢rtd ~ '
' known to rns (or aali¢laeton7y prwsnj to M tke person wkae mine ~ rrbrcn3sd to tks
roitkin iruttaarrwt, and atkaentedped ttwt L esnerted tkn name /or tke prrporu tktnin
eontairrtd.
!N WITNESS WHEREOF, ! kenurto net .y kaad and ojfieial seat.
__.._._.~..__.. ._....~.._...~._._. sru.
._.~..~_._..-_.__..~-TUk o1 ODkrr. ----
- do Hereby urti/y ~! t4 preeke raidenu sad emnpkte poet oQfu addrua.
- earned yrantea k ~~-~~ ~ ~ , .e'~~,J
o/ tke w
it
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COMAlONWEALTA OF AENNSl'LVANjA,
! rnr.
Cwnty e/ ~__...~... _~..~_ J~j-~ `n~ //~~
RECORDrED on tk4 _.:.a ._ day aJ _LJ!.........
A. D. 19~~? is fAt Reeords~e Oer~iea ¢J acid Cwaty, in Detd Book
Ginsn r-rder ary kand and fka scat of tko said/o~,ar~~ tke data above ~orittas.
11/06/2009 2:34:41 PM
Jf ~ I:T 1
rrro z a. u..~ u.. trx pay 1
-__-, __T~___ rtnrnnn unrr'nnrnu---a"r""i rllifrii'iTf T7-;1' .f"'-t .. R...lf -
CUMBERLAND COUNTY Inst.# 196501115 -Page 3 of 3
~ 1
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IN RL; L~STA'PL' O1+ P(?'I'ER N. ; IN THH COURT' OF COMMON t'LG+AS •
KUTULAKIS, : CUMABRLANU COIJN'I'Y, (~LNNSYLVAN[A '
beceuacd : ORNIiANS' COURT' p1V1S10N
.
No. 1997-0071 G
' Rt)! P. b 3 C<~R'1'IFICATION
I, Stovon J. Schiffman,.Eaquiro, do horoby cortify that rho rcyuiromonta of Rulo 613 '
rogarding notlco havo boon mol !nth
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1 _ ~ EXHIBIT "F"
IN REt ESTATE OF PETER N, t IN Z7iE COURT OF COMMON PLEAS
KUTULAKIB, ~ CUMBERLAND COUNTY, PENNBYLVANTA
Deceased :
~ ORPHANS' COURT DIVISION
AFFIDAV s No. 1997-00716
'
'
Z
~
I, Steven J. Schiffman, ~
.UF
9ERV
CF
Esquire, being duly sworn according to
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
ae followa~
By depositing copies of said documents i.n the United States mail,
oertified, return receipt requested on August 31, 1999, addressed
ae follower
Mary D. Kutulakie Jason P, Kutulakia
911 Barnstable Road 505 Barnstable Road
Carlisle, PA 17013 Carlisle, PA 17013
(Please note that address (Please note that the address
was changed on return receipt was changed on return receipt
card to: "505 Barnstable Road") card to:"411 Barngtable Road")
Stephen F. Angle, CPA Lacy E. Holly, IIi, Esquire
51 Kingswood Terrace MATTLEMAN, WEINROTH & MILLER
Carlisle, PA 17013 800 Continental Dr., Suite '211
Newark, DE 19713
Estate Recoveries, Inc.
P,O, BOX 24566
Baltimore, !AD 21214
Young, Conaway, Stargatt &
Taylor, LLP
Eleventh Floor
Rodney Square North
P.O, Box 391
Wilmington, DE 19899-0391
EXHIBIT "G"
'
m S iVDEFi:
;~
N aComplela dams t anNor 2 fw addiUonal services. I aISO Wish t0 reC@IV8 the
d
.~ aComplete items 3, 4a, ar:d db.
^Prin1 your name antl address on the reverse of this forth so the!
card t fdlOWing SeNIC83 (for en
we can return this g~ }88):
.
~ o you.
^Attach this form to the front of the mailpieca, or on the back it space does not ~, ^ AddfeStie6'3 Address
ermit
~
m p
.
^ Wdta'Retum Receipt Requastetl'on the mailplecs below the article number. 2. ^ RBStrictBd DeliYery
^The Return Receipt will show to whom The article wa
d
li
d Z.
y
c s
e
vere
derivered. and the date
Consult postmaster for fee.
a
~ 3. Article Addressed to: 4a. Article Number o
a Mazy D. Kutulakis Z ~ l Z ~ ~ `; (;~, .;~ ~ ~
~ 5 c S
°v-~1 Barnst:able ROdd 4b. Service Type r
~'
Carlisle
PA 17013 ^ Registered Certified
w , ^ press Mail ^ Insured
p Relum Receipt for Merchan~se ^ COD
~
a 7. Date of Delive f
~
0
. Re aive~t3~
(Print Name)
}}:
~ 8. Addressee's A re' (On~yi requested
,,
'' 1 _
{ and /ee is ai
_ aM ,f~~ /ANNIn..ri.A ..~ A.. ~~~1 1
~~
,ozsss-s~-s-ohs Domestic Return
EXHIBIT "H"
~ SENDER•
v ^ Compete kerns 1 anNOr 2 for addiliond aeMoes. I also wish to receive the
e+ ^Compete items 3, 4a, and 4b. fOliOWiRg SBNICBS (for aR
~ spdM yea name and address on the ravens of this form so that we can return tfria BXtrfl f@e):
~ card to you.
^Attach this forth to the traaU of the mallpleu, or on the bade tt epees does not
1. ^ Addressee's Address
'~
m ^ W Relum Receipt Requsated'on the mat7piec® below the anicie number. 2. ^ RestrlCt®d Delivery y
~ ^The Aetum Receipt wip show to whom the artitle was deliwrod and the date - C
~
0 delivered. Consult postmaster for fee.
~ 3. Article Addressed to: 4a. Article Number
m ~-..~ / 7 7~~ ~ E
c 3aso P, Kutulakis
~ ab. Service Type
~ t
F~ad
stable ^ Registered GYCertlfied
1
Carlisle ^ Ex ass Mail ^ Insured
arum Receipt for Merchandise ^ COD
7. Date of Delivery
.J y Q
r
O
5. Received By: (Print Name) 8. Addressee's Address (Only if requested ~
w and fee is paid) c
¢ r
g 6. Signet re: (Addressee_olAgent ., ,~
q
PS Forth 38'y~l, D , m er 199,
7 02595-97-8-0 7 7 9 Domestic Return Receipt
EXHIBIT "I" ~
AND NOW, this 23`~ day of May, 2011, I, Shannon Freeman, of AsoM &
KUTULaxrs, 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 treason Road
Carlisle, PA 17015
Mary D. Kutulakis
505 Barnstable Road
Carlisle, PA 17015
annon Freeman