HomeMy WebLinkAbout10-05-04 In Re: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF CLARENCE A. KESSLER:
Deceased : ORPHANS COURT DIVISION
PETITION FOR ORDER DIRECTING DISBURSEMENT OF FUNDS HELD IN TRUST
AND NOW, come Petitioners Louise C. Kessler and Sandra K. Mullins, by and through
their attorneys, Frey and Tiley, and represent that:
1. Petitioners are Louise C. Kessler, an adult individual, residing at 801 North Hanover
Street, Carlisle, Cumberland County, Pennsylvania, and Sandra K. Mullins, an adult individual
residing at 124 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania.
2. On February 16, 1963, Letters Testamentary in the Estate of Clarence A. Kessler were
issued to Mrs. Sara Horn and Carl Kessler and the Last Will and Testament of Clarence A.
Kessler was probated by the Register of Wills of Cumberland County to f',_~3 ~q:u~ tuber 628. A tree
and correct copy of the Letters Testamentary are attached hereto and ~ncorl~_ rated h~e~n as Exhibit
"A" and a tree and correct copy of the Last Will and Testament is attach ,e~t hereto ~
incorporated herein as Exhibit "B". ~
3. The Last Will and Testatment of Clarence Kessler provided in part as fol~ws:
2. All the rest, residue and remainder of my estate, real, persona~t: and mi/~d, and~ ~
wheresoever the same may be situate, I give, devise and bequeath to Mrs. S~-'~ Horn,
of R.D. 1, Camp Hill, Pennsylvania, and Carl Kessler, of R. D. 3, Newville,
Pennsylvania, their successors and assigns, in trust, as follows: to pay the income
arising thereon to Mrs. Sara Horn so long as she shall live or until she shall
remarry, and upon her death or marriage, whichever shall first occur, to pay the
principal thereof together with any undistributed income in equal shares to Carl
Kessler, or R. D. 3, Newville, Pennsylvania, and Sandy Horn, of R.D. 4, Carlisle,
Pennsylvania, and their respective heirs and assigns.
4. Pursuant to the Last Will and Testament of Clarence Kessler, the remainder of the estate
of Clarence Kessler was deposited in a certificate of deposit with the First National Bank of
Newville with the direction that the account be titled as follows:
Mrs. Sara Horn and Carl Kessler, Trustees under Will of Clarence A. Kessler,
Deceased, for benefit of Mrs. Sara Horn, Social Security No. 199-05-7056, R.D.
//4, Carlisle, Pennsylvania 17013 "so long as she shall live or until she shall
remarry, and upon her death or mamage, whichever shall first occur, to pay the
principal thereof with any undistributed income in equal shares to" ...Carl Kessler
Social Security No. 196-14-0854, R.D. #3, Newville, Pennsylvania 17241 and
Sandy Morrow, formerly Sandy Horn, of 1132 Newville Road, Carlisle,
Pennsylvania 17013.
Attached hereto and incorporated herein by reference as Exhibit "C" is a true and correct copy of
correspondence from Robert M. Frey directing the designation of the account.
5. Sara E. Horn, the life beneficiary of the trust, died on January 17, 2003. Attached hereto
and incorporated herein by reference as Exhibit "D" is a true and correct copy of the death
certificate for Sara E. Horn.
6. Petitioner Sandra K. Mullins was formerly known as Sandy Morrow and is one of the
remainder beneficiaries of the trust.
7. Carl E. Kessler, the other remainder beneficiary, died on August 13, 1995, domociled in
Cumberland County, Pennsylvania and survived by the following heirs:
Louise C. Kessler widow
Robert Kessler son
Catherine Dmwbaugh daughter
Stanley Kessler son
Cheryl Martin daughter
Attached as Exhibit "E" is a true and correct copy of the death certificate for Carl E. Kessler.
8. After reasonable search by the heirs of Carl E. Kessler, they have been unable to locate a
will for him. No probate proceeding were filed in the Estate of Carl E. Kessler for the reason that
at the time of his death there was thought to be no assets owned by him other that assets owned
jointly with his surviving spouse.
9. Because of bank mergers, the trust account originally established with the First National
Bank of Newville is now deposited with PNC Bank and is believed to have the account number of
78496. The account balance is believed to be $5,452.41 plus accrued interest from January, 2003.
The value does not exceed $25,000.00.
10. The Probate, Estates and Fiduciaries Code, 10 Pa.C.S.A. §3102 authorizes the Orphans
Court to order the distribution of personal property by decree of distribution where to gross value
of the estate does not exceed $25,000.00
11. Therefore, undersigned Petitioners respectfully request that an Decree of Distribution be
directed to PNC Bank directing that the funds held in escrow, including all accrued and unpaid
interest, be paid one-half to Sandra K. Mullins and one-half to Louise C. Kessler.
12. Robert Kessler, Catherine Drawbaugh, Stanely Kessler, Cheryl Martin join in the within
Petition to indicate their agreement that the one-half share of Carl E. Kessler should be paid to
Louise C. Kessler, thereby waiving any interest they rrdght have in the remainder interest by virtue
of they being all of the children of Carl E. Kessler, deceased.
WItEREFORE, petitioners request that the Court enter an order directing PNC Bank to
distribute the funds held in escrow, including all accrued and unpaid interest, be paid one-half to
Sandra K. Mullins and one-half to Louise C. Kessler.
Respectfully submitted,
Frey & Tiley,
Attorneys for Defendant
(717) 243-5838
We verify that the statements made herein are true and correct and understand that
false statements heroin are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating
to unswom falsification to authorities.
Louise C. Kessler
-Sandra K. Mullins '
The undersigned joins in the signing of the within Petition to
indicate agreement with the request for release in the distribution of the
funds in equal shares to Sandra K. Mullins and Louise C, Kessler.
Kay L. 19'rawbaugh ~ '
The undersigned joins in the signing of the within Petition to
indicate agreement with the request for release in the distribution of the
funds in equal shares to Sandra K. Mullins and Louise C. Kessler.
Cheryl L. M~rtin'
The undersigned joins in the signing of the within Petition to
indicate agreement with the request for release in the distribution of the
funds in equal shares to Sandra K. Mullins and Louise C. Kessler.
The undersigned joins in the signing of the within Petition to
indicate agreement with the request for release in the distribution of the
funds in equal shares to Sandra K. Mullins and Louise C. Kessler.
Cumberland County, ss:
i BY THE TENOR OF THESE PRESENTS
I, ................. I(;,L4 , I(, '_I_L,i~_X,__,I[^ .................. Esq
Register for the Probate of Wills and Granting Letters of
Administration in and for the County of Cumberland, in
the Cotmnonwealth of Pennsylvania, do make ]mown unto
all men that on the day of the date hereof~ at Carlisle,
before me was proved, appeared and insinuated, THE LAST
WILL AND TESTAMENT OF
C L A R I/N C I~_ ~ _ j:;E.C~v~!W~P~ r _LAI:E - 0 IJ, ..........................................
I~-~-~e-~-I3-~[~-g'`~-~-~1~'~-s~U~-'--c-~-~j}~-U'`-~-g9~kI~-~$~kx~Iik~ ..... DECEASED
(a true copy whereof is tothese presents annexed), having whilst = he lived at the time
of hi s death divers goods and chattels, rights and credits within the Commonwealth, by
reason whereof the approbation and insinuation of the said Last Will and Testament,
and the committing the Admbfistration of all and singular, the goods and chattels, rights
and credits, which were of the said deceased, also the Auditing the Accounts, and Calcu-
lation and Reckoning of the said Administration to me are manifestly known to belong.
And that Administration of all and singular, the goods and chattels, rights and credits of
the said deceased, and way concerning lllS Last Will and Testament, was committed to
_ X_lg5,_ _S _AJ.'.d~_ j LO_l~t_ _[. _¢&llh _iitiSE[A;g ................. in the said Testament named
E XE Cfi TOR 5 .......... having first been duly qualified
well and truly to administer the goods and chattels, right and credits of the deceased,
and make a true and perfect Inventory thereof, and exhibit the same into the Register's
office, iu the borough of Carlisle, within thirty days from this date, and within thirty
days from the day of sale file a Vendue List in said office, also a just and true account,
calculation and reckoning of ..... _TII_E_I_P._ ........ administration to render within six
months from the date thereof, and diligently and faithfully to regard, and welt and truly
comply with the provisions of the law relating to Collateral and Direct Inheritances.
In Testimony Whereof, I have hereunto set my hand and caused the seal of said office
16Ttl
to be hereunto affixed, dated at Carlisle aforsaid, the .............................
day of ......... _~l_~t_l~}P_-.Y_ ................. in the year of our Lord One Thousand
Nine Hundred and SIXTY THREE
....................
...... '_ :/_ _ Register
December 18, 1972
Ftrst National Ban!~ of Newville
Big Spring AvenUe
Newville, Pennsylvania 17241
Attn: Richard Crarner
Re: Re~uest for certificate of depoa~
Dear Mr. Cramer:
In accordance with our recent telephone conversation, I am pleased to
enclose check payable to the order of First National Bank of Newville in
the amount of $5, 452.41, and request that the same be invested in the 5 1/2%
certificate of deposit as follows:
Mrs. Sara Horn and Carl Kessler, Trustees under Will of Clarence
A. Kessler, Deceased, for benefit of Mrs. Sara Horn, Social Security No.
199-05-7056, R. D. # 4, C.~rlisle, Pennsylvania 17013 "so long as she shall
live or until she shall remarry, and upon her death or marriage, whichever
shall first occur, to pay the principal thereof together with any undistributed
income in equal shares to" ....... Carl Kessler Social Security No. 196-14-0854,
R. D. # 3, Newville, Pennsylvania 17241 and Sandy Morrow, formerly Sandy
Horn, of 1132 Newville Road, Carlisle, Pennsylvania 17013.
It is requested that the interest accruing on the certificate of deposit be
mailed periodically to Mrs. Sara Horn, until further notice tp you.
It is requested that First National Bank of Newville retain the certificate
of deposit for safe keeping in its vault and simply notify Mr. Kessler and Mrs.
Horn that the certificate has been issued and is being retained for safe keeping
by you in accordance with this request.
Thank you for your cour~ous handling of this matter and I am confident
it will prove very satisfactory for all parties concerned.
Sincerely yours,
RMF/lab Robert M. Frey
cc: Mrs. Sara Horn
cc: Mr. ~arl Kessler
This is to c~ttilS., that the in£ormation here given is correctly copied from .... o~:gt~,~ ..~rt:~icare or ne<n ~ai,v r: ed ,,vith me as
l.oc~ Regisrrar, The original cetriflcare will be fmwarded to the State t'ical '" ..... ~' ~ ' ·
WARNING: It is illegal to dupiicaie ~his co~v ~v )ho~oslai m' :~o~ ~ra~,~.
Fee for this certificate, $2.00 '~ ~ ~' ~''' a~~
P 8870221
~.~a~}~,~ JAN 1 7 2003
No. ~
.,os.~ A~ z~7 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH * VITAL RECORDS
~.T CERTIFICATE OF DEATH
Female 199 --05 _7056
~,~ C~be~and Midd~eton Mano~ Care
940 ~a~nut Bottom Rd.
ea~t~t~, PA 17015
~ ~ ~O E6tate~ N~e, Pa 1724
Crematory Spring6, PA 17065
his is to c,ertify th~t this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Charles Hardester State Registrar
3568217 wi] 2
No. Date
CERTIFICATE OF DEATH
70 ~.~ -
,,. stoc~ C~er~
141 ~ling Gap ~ad ~ ,~, s=. PA
N~ille, PA 17241
Pauline R. Hosfeld
Kessler . 141 , ~d; N~ille, PA 17241
8/17/1995 M~rial ~r~s ~, PA 170~3
FD 012633 L Brokers F~eral H~; ~rlisle, PA 17013
EXHIBIT'S'
In Re: : IN THE COURT OF COMMON PLEAS OF
: CU~vEBERLAND COUS'4TY, PENNSYLVANIA
ESTATE OF CLARENC~ ~k. ~ggL~R:
Deceased : ORPHANS COURT DIVISION
~ ~, ~, 2004, upon consideration of the petition of
AND NOB~, this ~ ~ day of ~ / ~
Louise C. Kessler and Sandra K. Mull/ns, it is hereby Ordered that thc account in the name of
Mrs. Sara Horn and Carl Kessler, Trustees under of Will of Clarence A. Kessler, deceased
deposited at PNC Bank be divided exenly between Sandra K. Mullins, fo~erly known as Sandy
Bom, and Louise Kessler, su~ivmg spouse of Cra-1 Kessler. PNC Bank is directed to close the
account and to pay the balance in the account, including any accrued and undistributed income, one
halft to Sandra K. Mullins and one half to Louise C. Kessler.
BY THE COURT:
/