HomeMy WebLinkAbout10-03-06
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Shaun E. O'Toole, Esquire
2813 North Second Street
Harrisburg, Pennsylvania] 7] ] 0
717.213.6653
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
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IN RE: ESTATE OF SHIRLEY M.
KREITZER Deceased
ORPHANS' COURT DIVISION
No. 21-05-0737
PETITION FOR ENTRY OF A STIPULATED ORDER
The Petitioners, Colin X. Kreitzer and Sherry L. Baker, Administrators C.T.A. of the
Estate of Shirley M Kreitzer, respectfully represent that:
1. Petitioner, Colin X. Kreitzer, is an individual who resides at 3421 Fourth Street,
Harrisburg, Dauphin County, Pennsylvania
2. Petitioner, Sherry L. Baker, is an individual who resides at 811 Erford Road,
Camp Hill, Cumberland County, Pennsylvania.
3. Shirley M. Kreitzer ("Decedent"), late of East Pennsboro Township, Cumberland
County, Pennsylvania, died on July 22,2005, leaving a will dated January 18, 1991 ("Will").
The Will is attached as Exhibit "A."
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4. Letters of Administration C.T.A. for Decedent's estate ("Estate") were granted on
September 29,2005, to Petitioners.
5. Decedent was survived by three children, the Petitioners and a son, Steven S.
Kreitzer.
6. Item III (A) of the Will provides that one-third (1/3) of the residue of Decedent's
estate is to be distributed to each of the Petitioners.
7. Item I11(B) of the Will provides that as for the remaining one-third of the residue
of Decedent's estate, Two Thousand, Five Hundred ($2,500.00) Dollars is to be distributed to
Steven S. Kreitzer, and the balance is to be held, in trust, for the benefit of Steven S. Kreitzer for
ten years with CCNB Bank, N.A. as trustee ("Trust").
8. The Will does not provide for an alternate trustee in the event the initially
designated trustee elects not to fulfill the obligations of trustee.
9. On or about August 6, 1993, CCNB, NA. merged with and into PNC Bank, N.A.
("PNC Bank").
10. After payment of Decedent's debts and the payment of the Estate's administration
expenses and the Pennsylvania Inheritance Tax, it is anticipated that one-third of the residue of
the Estate will be equal to about Twenty-Two Thousand ($22,000.00) Dollars.
11. After distribution of Two Thousand, Five Hundred ($2,500.00) Dollars to Steven
S. Kreitzer as provided in Item III(B) of the Will, the Trust will ultimately be funded with less
than Twenty Thousand ($20,000.00) Dollars.
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12. The modest value of the amount which will eventually fund the Trust makes it
economically unfeasible for PNC Bank, or any bank, trust company, or financial institution to
administer the Trust
13. PNC Bank does not desire to assume the responsibility of trustee of the Trust and
Petitioners are confident that no other corporate trustee would be willing to take on the
responsibility due to the modest size of the trust.
14. PNC Bank desires to be released of any fiduciary responsibility and obligation to
the Estate of Shirley M. Kreitzer and Steven S. Kreitzer under the Will of Shirley M. Kreitzer.
15. Petioners, Colin X. Kreitzer and Sherry L. Baker, the Administrators C.T.A.ofthe
Estate, are willing to serve as trustees of the Trust and seek such designation from this Court.
16. Petitioners and the undersigned, PNC Bank and Steven S. Kreitzer, are all of the
parties in interest to this matter and they hereby stipulate to an Order attached hereto as Exhibit
"B," authorizing PNC Bank to renounce its right to serve as trustee of the Trust; releasing PNC
Bank of any fiduciary obligation to the Estate and Steven S. Kreitzer under the Will; and
directing Petitioners to serve as trustees of the Trust.
WHEREFORE, Petitioners respectfully requests that the Court enter the Stipulated
Order attached hereto as Exhibit "B," authorizing PNC Bank to renounce its right to serve as
trustee of the trust set forth in Item III(B) of Decedent's Wil~ releasing PNC Bank of any
fiduciary obligation to the Estate of Shirley M. Kreitzer and Steven Kreitzer under the Will of
Shirley M. Kreitzer; and directing Colin X. Kreitzer and Sherry L. Baker to serve as trustees of
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said trust and fulfill all obligations of the trustee as provided by Decedent's Will and
Pennsylvania law.
Respectfully submitted,
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Attorney J.D. No. 44797
2813 North Second Street
Harrisburg, Pennsylvania 17110
Attorney for Petitioners, Colin X. Kreitzer
and Sherry L. Baker
Date:
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PNC Bank:
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Date: 1/29/0;0
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Steven S. Kreitzer
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