HomeMy WebLinkAbout10-21-05
Shaun E. O'Toole
2813 North Second Street
Harrisburg, Pennsylvania 17110
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF SHIRLEY
KREITZER, Deceased
ORPHANS' COURT DIVISION.
No. 0';-131
PETITION UNDER SECTION 3311 OF THE PROBATE, ESTATES AND
FIDUCIARIES CODE TO DIRECT EXECUTORS TO TAKE POSSESSION
OF REAL ESTATE OCCCUPIED BY AN HEIR OF THE ESTATE
Petitioners, Sherry L. Baker and Colin X. Kreitzer, the co-executors of the Estate of
Shirley M. Kreitzer, respectfully represent that:
1. Decedent, Shirley M. Kreitzer, died on July 22,2005, at the age of 77, domici ed
in Cumberland County with her last family residence at 143 South Enola Drive, Enola,
Pennsylvania.
2. Decedent is survived by three (3) children, the two Petitioners and a son, Steven
S. Kreitzer ("Mr. Kreitzer").
3. Decedent left a will dated January 18, 1991 ("Will"). A copy of the Will is
attached as Exhibit "A."
4. Item VII of the Will designates all three of Decedent's children as co-executOls of
the estate.
5. Mr. Kreitzer informed Petitoners that he did not desire to serve as a co-execut)r of
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the Estate, yet when asked, he refused to sign a Renunciation to facilitate the issuance of Ie ers
testamentary to Petitioners.
6. On or about August 18,2005, Petitioners filed a Petition with the Register of
Wills of Cumberland County for letters testamentary to be issued solely to them.
7. When Mr. Kreitzer did not respond to the Citation issued by Register of Will of
Cumberland County, the Register of Wills issued letters testamentary to Petitioners.
8. At the time of Decedent's death, Mr. Kreitzer, with the consent of Decedent,
resided with Decedent at Decedent's residence at 143 South Enola Drive, Enola, Pennsylvani
("Residence"), where he has resided most of his life.
9. Under the Will, Decedent's entire estate is to be distributed, in equal shares, t
Decedent's three children, the two Petitioners and Mr. Kreitzer.
10. The probate petition filed by Petitioner lists the Residence as the only probate
asset of the estate and values it at $80,000.
11. Petitioners have made efforts to retain a realtor in order to sell the Residence .
furtherance of their fiduciary duty to the estate.
12. Mr. Kreitzer has refused to move out of the Residence and give possession of e
Residence to Petitioners.
13. Mr. Kreitzer does not desire to purchase the Residence at its fair market value.
14. Mr. Kreitzer's share of the estate is not large enough to enable him to take the
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Residence, in kind, as his share of the estate.
15. Mr. Kreitzer's refusal to turn over possession of the Residence to Petitioners n
order for them to prepare the property for sale and to retain a realtor has made it impossible r
16. Mr. Kreitzer's refusal to give possession of the Residence to Petitioners has
Petitioners to fulfill their fiduciary obligation to the estate.
it impossible for the Petitioners to assure that the only asset of the estate is being properly
maintained and not subject to waste.
WHEREFORE, Petitioners request that this Court issue a citation to Steven S. Krei r to
appear and show cause, if any there be, why Petitioners, Sherry L. Baker and Colin X. Kreitz r,
the co-executors of the Estate of Shirley Kreitzer, should not take possession of the Residenc
located at 143 South Enola Drive, Enola, Pennsylvania, in order to prepare it for sale in the
ordinary course of the administration of Decedent's estate, and why Steven S. Kreitzer shoul not
remove himself and his possessions from the Residence in order to give possession ofthe
Residence to Petitioners.
Respectfully submitted,
Date: '0 I 'lo I C:>-=5
~ ~~Q9~
----shaun E. O'Toole
Attorney 1.0. No. 44797
2813 North Second Street
Harrisburg, Pennsylvania 17110
Attorney for Petitioner
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IF THIS WilliS REPLACED BY A NE~ ONE,
PLEASE INfom ROBERT E. MYERS, E;)QUIRE
O~lGli....~l IN HH: SA. r
OF ROBERT E. h-Wi:RS, E 'OUL~
100 YO~K ROAD
NEW CUMBERLAND, PA 17070
LAST WILL AND TESTAMENT
OP
SHIRLEY M. KREI~ZER
I, SHIRLEY M. KREI~ZER, of 143 South Enola Drive, E
Cumberland County, Pennsylvania, 17025, being of sound and
disposing mind, memory and understanding, do hereby make, pu
and declare this to be my Last Will and Testament, hereby rev
I~EM I:
I direct the payment of all my just debts,
ses
all other Wills and Codicils previously made by me.
of my last illness, funeral expenses, perpetual care of my bu ial
lot, suitable marker for my grave and the costs of administra ing
my estate from my estate as soon after my death as conveniently may
be done.
I~EM II: I give and bequeath all my personal apparel and
jewelry to my daughter, SHERRY L. BAKER.
ITEM III: I give, devise and bequeath all the rest, res due
and remainder of my estate, real, personal or mixed, tangibl or
intangible, of whatsoever nature and wheresoever located and
property to which I may be entitled or over which I may have
of disposition or appointment and whether acquired during or
my lifetime unto the following named persons then living,
they survive me by ninety (90) days following my death, as s:
(A) One-third (1/3) to my daughter, SHERRY L.
BAKER, and one-third (1/3) to my son, COLIN X. KREITZER. In he
event either of them predeceases me or dies wi thin said ninety ( O)
Exhibit "A"
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days after my death, then his or her share shall go equally
or her children then living or otherwise equally to my sur
children.
(B) Of the remaining one-third (1/3), the s
TWO THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($2,500.00) sha
to my son, STEVEN S. KREITZER, and the residue to go to CCNB
N.A., IN TRUST, for my son, STEVEN S. KREITZER, for ten (10)
with income to go to him quarter-annually or as is convenie
my Trustee or to place said funds into a Certificate
a savings account in the name of Steven S. Kreitzer, earmarke
restricted that the funds cannot be withdrawn until ten (10)
after the date of my death with income to go
annually to him; however, in any event, all or
of said Trust to be used at any time towards the purchase pric of
a house and lot in the name of and for the use of my son, St
S. Kreitzer.
ITEM IV: I direct that any and all taxes that may be asse
go
to
or
in consequence of my death, including all Inheritance, Estate and
Transfer Taxes imposed upon my estate passing under my wil or
otherwise, shall be paid out of the principal of my resid
estate as a part of the expense of the administration of my est
ITEM V:
I authorize and empower my personal representat'ves
and/or sai.d Trustee representative may deem proper, all debts and
claims owed by or to me or my Estate; to sell, lease or exchange
at public or private sale or in such manner, at such prices, and
upon such terms of credit or otherwise,
as my perso al
representative or said Trustee may deem proper, all or any part of
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my property, real or personal; to execute, acknowledge and d
instruments of conveyance, including deeds in fee simple; to
money for the purpose of paying estate, inheritance or other
which are required to be paid and to secure any such loan by
or mortgage of all or any part of my property and to execu
necessary instruments to carry out such powers; to distrib
estate in kind or partly in money or partly in kind,
determine the fair value at which any property
kind shall be received by the distributees; to conduct any bus'ness
in which I have an interest at the time of my decease,
my
to
in
period as my personal representative may deem proper,
borrow money and pledge assets of the business and the
all other acts that I, in my lifetime could have done,
such power to any partner, manager or employee without liab
for any loss occurring therein and to organize a corporatiol to
to
do
carryon said business as capital to such corporation and a cept
stock in the corporation in lieu thereof and hold such stoclc for
the uses of this my Will, and to vote said stock or sell the 'ame
as to my personal representative may seeI:l best; all
stocks, assets, bonds and investments owned by me without bing
confined to what is known as legal investments; to execute any
options to purchase, to apply for stocks, bonds or 0 her
investments, to purchase or otherwise acquire real estate an to
execute the same powers thereover as hereinbefore provided, to
retain indefinitely any part of lOY assets, real or personal, w
is or may become unproductive or to make sale thereof; to
carrying charges and expenses of the property out of
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principal or income of my estate; to invest and reinvest i all
forms of property without restriction to investments authoriz d for
Pennsylvania fiduciaries, as they deem proper, without rega d to
the principle of diversification or risk; to exercise any law- iven
option to treat administrative expenses either as income tax
estate tax deductions, without regard to whether the expenses
paid from principal or income. The powers herein conferred
be to my named personal representative and said Trustee and all
successors thereto and shall be in addition and not in limita ion
of other powers conferred on said fiduciaries.
Any and all payment or payments of any sum or s ms,
whether in cash or in kind and whether for principal or inc me,
payable to any beneficiary shall be made upon the sole receip of
the respective beneficiary to whom the payment is made, and ree
from anticipation, alienation, assignment, attachment, and pI dge
and free from control by the creditors of any such benefici ry.
All shares of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligation of the beneficiaries
and any of them and shall not be subject to any execution or
attachment, levy or sequestration or other claims of the credit rs
of said beneficiaries or any of them.
ITEM. VI:
All shares of principal and income hereby gi en
shall be free from anticipation, assignment, pledge or obligat on
of the beneficiaries and any of them and shall not be subject to
any execution or attachment, levy or sequestration or other cla'ms
of the creditors of said beneficiaries or any of them.
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ITEM VII: I hereby nominate, constitute and appoi t my
daughter, SHERRY L. BAKER, and my sons, COLIN X. KREI'l'ZE and
STEVEN S. KREITZER, as sole Co-Executors of this my Last Will and
Testament.
my
Last Will and
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IN WI~NESS WHEREOF, I, SHIRLEY M. KREITZER, have set to this
of
Tes.tament my hand and seal this
, 199..L.
Signed, sealed, pub~ished and decl~ed by SHl~~~ M. KREITZER,
above-named Testatr~x, on the / ~ day of \.--j<~l./)ttL.J..~- I 19
as and for her Last will and Testament in the presenc of us,
in her presence and in the presence of eac~ other "ave, at
request, subscribed our names as witnesses hereto.
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COMMONWEALTH OF PENNSYLVANIA )
0f#L ) SS:
COUNTY OF )
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We, the undersigned, the Testatrix and the
respectively, whose names are signed to the foregoing
being first duly sworn and qualified according to law, do h
declare to the undersigned authority that we were present an
the Testatrix sign and execute the instrument as her Will,
she had signed willingly and that she executed it as her
voluntary act for the purposes therein expressed, and
the witnesses, in the presence and hearing of the Testatrix, si
the Will as witness and that to the best of their knowledge
Testatrix was at that time eighteen years of age or older, of s
mind and under no constraint or undue influence; and I, the
Testatrix, do hereby acknowledge that I signed and executed
instrument as my Last Will, that I signed it
signed it as my free and voluntary act for the purposes the
expressed.
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NoIadaI Seal
~A. Wi:Iay. NotaIy PtJIIic
FiIIIView Twp.. YOlk CW1Iy
My Commission Expires March 14, 1994
Merrtler. PeonsyIvaniaAssodalion of Notaries