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HomeMy WebLinkAbout96-02649 ,::l;: ." STEPHEN L. GAUSTAD, MELISSA GAUSTAD SHOPE, plaintiUe v. JOAN G. MOORE and SHELDON LAW GRONER, individually and as Attorneys-in-Fact for Hannah Law Groner, and Executors of the Estate of Hannah Law Gronerl and ROBERT MOORE, individually and as Attorney for Attorneys-in-Fact and the Executors of the Estate of Hannah Law Groner, Defendants ..- .. . IN THE COURT OF COMMON PLEAS CUMBERLAND coUNTy, PENNSYLVANIA CIVIL ACTION - EQUITY NO. (It.. - J{..l/9 0, I (1.'~\ 1....' kl~"1 JURY TRIAL DEMANDED ~OTICE 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 complaint and Notice are 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 are 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. other rights important to you. You may lose money or property or you SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR Cl\NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Court Administrator cumberland County Courthouse - Fourth Floor 1 Courthouse square Carlisle, pennsylvania 17013-3387 Telephone (717) 240-6200 .. I STEPHEN L. GAUSTAD, MELISSA GAUSTAD SHOPE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - EQUITY NO. 't'1.' j(. '1 Ii [1'<<.,'1 - / ~t' ,"''--~ JOAN G. MOORE and SHELDON LAW GRONER, individually and as Attorneys-in-Fact for Hannah Law Groner, and Executors of the Estate of Hannah Law Groner, and ROBERT MOORE, individually and as Attorney for Attorneys-in-Faot and the Executors of the Estate of Hannah Law Groner, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff STEPHEN L. GAUSTAD is an adult individual residing at 2405 East Cochise Street, Phoenix, Arizona. 2. Plaintiff MELISSA GAUSTAD SHOPE is an adult individual residing at 723 North River Street, Apartment 1, Wormleysburg, Cumberland County, Pennsylvania. 3. Defendant SHELDON LAW GRONER is an adult individual residing at 49 East Fifth Street, Bloomsburg, Columbia County, Pennsylvania. 4. Defendant JOAN GRONER MOORE is an adult individual residing at 414 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 5. Defendant ROBERT MOORE is an adult individual reaiding at 414 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 6. Defendants Robert Moore and Joan Gl'onel' Moore held a power of attorney for HANNAH LAW GRONER. . .. . 7. Defendant Robert Moore performed legal services for Hannah Law Groner during her lifetime, represented Hannah Law Groner's attorneys-in-fact, and now is the attorney for the executors of Hannah Law Groner's estate. 8. On January 14, 1994, Hannah Law Groner ("Decedent") died at Leader Nursing Home, 1700 Market Street, Camp Hill, Pennsylvania, of cardiorespiratory failure at the age of 94, leaving a will dated January 14, 1986. Decedent was the mother of Defendants Sheldon Law Groner and Joan Groner Moore, and the mother of Plaintiffs' mother, Barbara Ann Groner Gaustad, who predeceased Decedent. 9. Plaintiffs believe and therefore aver that at all times preceding her death, Decedent was mentally sound and competent. 10. Decedent's last Will dated January 14, 1986, devised her real estate and improvements situated on Millsite Lake, Redwood, Jefferson County, New York, in the following manner: A. A one-third interest to her son, Sheldon Law Groner; B. A one-third interest to her daughter, Joan Groner Moore; C. A one-sixth interest to her granddaughter, Melissa Gaustad Shope (Plaintiff); and D. A one-sixth interest to her grandson, Stephen L. Gaustad (Plaintiff) . A photocopy of the Will is attached as Exhibit A. 11. Decedent's Will also provided for a distribution to each of her grandchildren of "the sum of TWO HUNDRED ($200.00) dollars," 2 . . . and directed that Melissa Gaustad Shope (Plaintiff) and Stephen Gaustad (Plaintiff) receive one-sixth of the residue of the estate. 12. Decedent's Will appointed her children, Sheldon Law Groner and Joan Groner Moore, as her Executors. 13. Charles B. Pursel, Esq., of the Law Offices of Den', Pursel, Luschas & Norton, in Bloomsburg, Pennsylvania, prepared Decedent's Will. 14. Five years previously, on June 11, 1981, Decedent had appointed her children Joan Groner Moore and Sheldon Law Gron!!r 111I her "true and lawful attorneys" under a Power of Attorney, iI copy of which is attached as Exhibit B. The Power of Attontey WIIlJ not. prepared by the Law Offices of Derr, Pursel, Luschas & Nol'l.OI11 rather, it was prepared by or under the direction of Robert Mooro, Esq., husband of Joan Groner Moore. 15. On July 1, 1986, less than six months after Pecedent executed her Will, Joan Groner Moore and Sheldon Law Orono1' "nn attorneys-in-fact" for Decedent "pursuant to a POWe1" of Attorney dated June 11, 1981, and recorded in the Jefferson County Clerk'n Office concurrently herewith," conveyed to Sheldon Law Oroner tlnd Joan Groner Moore as tenants in common "all those cCl'taln trnctll or parcels of land situate in the Town of The1'esa, County of Jnfforllon and State of New York," with the address at Mill /iltl! Lake, Redwood, New York. A copy of the July l'lllli IJ.wd III <tt.t.nched as Exhibit C. 16. The sum of One Dollar wall 1'I!1:lt,.c1 .111 Iii., 1~llnllldtlrlltion for the transfer of the New YOl'k pnlp"ll y I I 11 III 111.11I1111'11, Jonn ] . .. .. Groner Moore and Sheldon Law Groner, as attorneys-in-fact for Decedent to Grantees, Joan Groner Moore and Sheldon Law Groner, as tenants in common. 17. Plaintiffs believe and therefore aver that the fair market value of the New York property greatly exceeded the recited consideration of One Dollar. 18. The Deed attached as Exhibit C specifically recited that "[b]y Power of Attorney dated June 11, 1981 . Hannah Law Groner appointed S. Law Groner and/or Joan G. Moore as her attorneys-in- fact with authority to convey real estate." 19. The Power of Attorney did not contain language specifically authorizing the attorneys-in-fact to make substantial gifts to themselves or others. 20. The Deed was not prepared by the Law Offices of Derr, Pursel, Luschas & Norton; instead, the Deed was prepared under the direction of Robert Moore, Esq., husband of Joan Groner Moore. 21. The Deed was recorded on October 6, 1986, in the Office for Recording of Deeds, Jefferson County, New York. 22. Decedent's 1986 Will specified that it was her "sincere wish" that "the above named [beneficiaries in , 10 above] make every effort to keep this property in our family so that it is available for use by family members." 23. Decedent's previous Last Will dated February 28, 1979 had devised a one-third interest in the New York property to S. Law Groner, a one-third interest to Joan Groner Moore, and a one-third interest to "Barbara Groner Gaustad, Stephen S. Gaustad and Melissa 4 ~ . -, the first time from Sheldon Law Groner that the New York property was not part of Decedent's estate because Sheldon Law Groner and Joan Groner Moore, acting under the Power of Attorney, had gifted the property to themselves by way of the July 1, 1986 Deed. 28. Defendants have refused to restore the property they converted to Decedent's estate or to Plaintiffs. 29. By notice dated April 25, 1994, Joan Groner Moore informed Plaintiffs that their sole beneficial interest in their Grandmothers' estate was "a specific bequest of $200 and 1/6 of residue." A copy of the Notice forwarded to Plaintiff, Melissa Gaustad Shope, is attached as Exhibit E. COUNT I - CONVERSION 30. Plaintiffs incorporate by reference paragraphs 1 through 29 as though fully set forth here. 31. Defendants all had knowledge of and agreed to participate in a scheme to defraud Plaintiffs of their right to inherit and possess the share of Decedent's realty which she intended them to receive. 32. Defendants had knowledge of and agreed to participate in a scheme to abuse their confidential relationship with Decedent to convey Decedent's realty to themselves. 33. Defendants had knowledge of and agreed to participate in a scheme to abuse their confidential relationship with Decedent to fund their transfer of her realty to themselves, and to fund their maintenance of the realty. G . . . 34. Defendants accomplished their scheme to secure an advantage for themselves by intentionally deceiving Decedent, who had at all times relied upon and trusted Defendants, her children and her son-in-law, to carry out her wishes and to act in her best interests. 35. Defendants have committed a fraud upon Plaintiffs by diverting to themselves property Decedent willed to Plaintiffs. 36. Defendants are constructive trustees of the realty and funds wrongfully appropriated and converted to their own use. WHEREFORE, Plaintiffs request this Court: (a) to direct Defendants to provide Plaintiffs with an accounting of all monies and property wrongfully converted by them; (b) to direct Defendants to convey to Plaintiffs their rightful possessory interest in the converted realty, by good and sufficient deed of conveyance, free and clear of any encumbrances; (c) to enter judgment against Defendants for compensatory damages in excess of $25,000.00, an amount above the jurisdictional limit for compulsory arbitration, plus whatever relief the Court deems just and proper; (d) to enter judgment against Defendants for punitive damages because Defendants' actions constituted intentional, outrageous, and malicious conduct; (e) to order whatever relief the Court deems just and proper, including the award of reasonable legal fees, costs, and interest. 7 4 . COUNT II - BREACH OF FXDUCIARY DUTY AND WASTE OF ESTATE ASSETS 37. Plaintiffs incorporate by reference paragraphs 1 through 36 as though fully set forth here. 38. Defendants owed a fiduciary duty to Plaintiffs, because they knew Plaintiffs were beneficiaries of Decedent's will. 39. Defendants' deceptive conduct reduced the value of the corpus of Decedent's estate, thus causing harm to the beneficiaries' interests. 40. Defendants wilfully and intentionally breached their fiduciary dutie~ to Plaintiffs by: (a) repeatedly engaging in instances of self-dealing to convert Decedent's assets to themselves without the knowledge and consent of Decedent or Plaintiffs; (b) wasting the assets of Decedent; (c) undermining and thwarting Decedent's decisions as to the disposition of her realty and assets; (d) deliberately diverting Plaintiffs~ right to inherit and possess their share of Decedent's realty. 41. All Defendants assisted or participated in these breaches of their fiduciary duties with full knowledge and with the purpose and intent of facilitating the commission of their scheme to harm Plaintiffs' interests as beneficiaries. WHEREFORE, Plaintiffs request this Court: 8 . (a) to direct Defendants to provide Plaintiffs with an accounting of all monies and property which they wrongfully expended and converted; (b) to direct Defendants to convey to Plaintiffs their rightful possessory interest in the converted realty, by good and sufficient deed of conveyance, free and clear of any encumbrances; (c) to enter judgment against Defendants for compensatory damages in excess of $25,000.00 an amount above the jurisdictional limit for compulsory arbitration; (d) to enter judgment against Defendants for punitive damages because Defendants' actions constituted intentional, outrageous, and malicious conduct; (e) to order whatever relief the Court deems just and proper, including the award of reasonable legal fees, costs, and interest. Respectfully submitted, 1'-< John D. In 1I070BO Jane G. Penny In 1125673 21B Pine Street P. O. Box BB6 Harrisburg, PA (717) 232-1B51 Dated: May 13, 1996 Attorneys for Plaintiffs 9 lIlnat 31i11 nub ffieGtctttteut ~/ 1. H~NAH ~~ GRONER. of the Town of Bloo~lbUrq; Colu~bia county. pennlylvenia, being of eound end dllPoling ~lnd. memory en~ underltending, do hereby make my Lalt ~ill Ind \ Teltlment. And revOu .ny .nQ .l_~;\ :.:' .r .,odLcLlI by me At Any tLme heretofore made. J FIRST. t dLrect mY executore. herelnefter nemed, to pey ell mY eetete eettlement coete, medLcAl and funeral expaneea. And debtS And accountS as loon after my deceala as convenientlY may be done. SECONO' t dlrect payment of ell lnheritanCe Ind eltete taxee due on property pallln9 under thi1 Will al Lf expenlel of adminietratLon. t dLrect thet all luch taxee due on property pilI Lng outaLda of thls Will shIll De paid by the perlons rlcelving the property. "T111RDI 1 give and bequeath to each of rtrf qrandchlldren lurvivinq at the date of rtrf deceaee the eUI1l of ~O HUNDRED ($2DD.ODI DOLLARS. .lrouRTH' 1 give end devise my real eltete wlth ,mprovements and contentS eituate on HilleLte Lake, Redwood. Jefferaon countY, Hew york, Ln the followLnq manner and on the ~ ~ ':4 followinq conditLonsl . A. ,. one-third interest therein to S, u.~ GRONER. B. ,. one-third intareat tharein to JOAN GRONER MOORE. C. ,. one-sixth intereat therein to HllLISSA GAUSTAD. O. ,. one-sLxth Lnterest therein to STErHEN GAUSTAD. E. It L. my sLncere wLlh thet the above nAmed p~rlonl make every .ffort to ~eep thLs property in our family ao thAt it La evaLlable for use by famLly me~ers" t hope that lame arranqement can be devised so thAt taxea and Lnsurance premiUI1ll and other expenles can be faLrly distributed amonq the ownerl baled on the,r cLrcumstances and the uae of the property. ;':'J;:.'r.~ ...1. .~.'"j EXI1IIJIT ",v' . ." this Will Ihauld pred.ce..e ~, the .here atherwi.e 9ain9 to .uch d.ce..ed ben.fici.ry .h.ll be di.tribut.d in equ.l .her.. to Mil ar her th.n-llvin9 chlldnn, and If .ny .uch dhtrlbut....:; .e': " .h.ll be und.r the .ge af el9htun (181 year., 1 do h.nby . f-,. I H ," .ppaint tho .pauU af .uch d.c....d beDeUchry .. the ' " .- ",- -,-- \ . "j""""'* , .,,\ ~ ~'~r~iJ.:. -. ..-.-.. . 1'. I dinct that no pi roan haldin9 I fr.ctian.l Lntere.t Ln this praperty .h.ll 1111 or tr.n.fer Ln .ny w.y .ny Lnt.re.t Ln thl property except to .nother child or 9r.ndchLld of mLne. Any Ille or tr.n.fer not mlde to · child or 9r.ndchl1d of mini .h.ll bl effective only if .11 owner. unanimou.ly Ivrea. "'_' .. J rlrTH. t further dirlct th.t ~EE A. GAUST~ .hall hav. no nqnt to u.. ~r un]U, ..,. ,",:,,~. ""kl "roo.rtv. / SIXTH. All the re.t, re.iduI .nd reaaioder of ~y ..tate, of what.oever character and wher..oover t". , .U: .itu.te, 1 9h.. devL.e and bequI.th in the fallowin9 mlnn.r. A. on.-third th.reof to S. LAW GRONER. B. one-third thereof to JOAN GRONER MOORE. C, one-.ixth th.reaf to KE~ISBA GAUST~. D. one-.Lxth thereaf ta STEPHEN GAUST~. v SEVENTH. In the event th.t .ny beDefici.ry neaad in -- ...: Te.t.mentlry Gu.rdian af the eltltl of .uch child ar childraD. EIGHTH. 1 namin.te, can.titute Ind .ppoint S. LAW GRONER and JOAN GRONER MOORE, or the .urvivor af th.~. Ixacutar. of thi., my WLll. No executar .hlll be required ta furni.h bDad or .urety in any juri.diciton. /' NINTH. After my de.th and durin9 the ad~ini.trltiaD ae ~y e.t.tl, no part of my e.t.te .hlll be aubject to IttachmlDt or executIOn or othlr 11ql1 proc... by per.on. or -1- .... ....J... ..... . ',. . ,.';.\,.,. ,~.. ", '. '. '. :' , , '1 P .., . . (1!::i042 :.'.'E 126 POWER OF ATTORNEY 11"'1. ' . \". ,.! KNOW ALL MEN BY THESE PRESENTS, that I, HANNAH LAW GRONER (a/k/a Mrs. S. Sheldon Groner) have constituted, made and appointed, and by these Presents do constitute, make and appoint JOAN G. MOORE and S. LAW GRONER, or e1ther ot them, ~y ~rue and lawful attorneys, (hereinafter referred to as Umy attorneyU). 1. To ask, demand, sue for, recover and receive all sums of money, debts, goods, merchandise, chattels, effects and things of whatsoever nature or description which are now or hereafter shall become owing, due, payable, or belonging to me in or by any right whatsoever, and upon receipt thereof, to make, sign, execute and deliver such receipts, releases or other discharges for the same, respectively, as my attorney shall think fit. ., 2. To deposit any moneys which may come into my attorney's hands as such attorney with any bank or banker, either in my or my attorney's own name, and any of such money or any other money to which I am entitled which now is or shall be so deposited to withdraw as my attorney shall think fitl to sign mutual savings bank and federal savings and loan association withdrawal orders I to I I I I I i '. k ~ EXIUIlIT "n" t ... . sign and endorse checks payable to my order and to draw, accept, make, endorse, discount, or otherwise deal with any bills of exchange, checks, promissory notes or other commercial or mercantile instrUments: to borrow any sum or SUIIIS of money on sucn ~erms dna w~cn Qucn Qecurl~Y dS my ~ct:=~ey shall think fit and for that purpose to execute all notes or other instruments which may be necessary or proper: and to have access to any and all safe deposit boxes registered in my name. 3. To sell, assign, transfer and dispose of any and all stocks, bonds, including U. s. savings Bonds, loans, mortgages or other securities registered in my name; and to collect and receipt for all interest and dividends due and payable to me. 4. To invest in my name in any stock, shares, bonds. securities or other property, real or personal, and to vary such investments as my attorney, in their sole discretion, may deem best; and to vote at meetings of shareholders or other meetings of any corporation or company and to execute any proxies or other inBtrUmentB in connection therewith. of 042 '",.,..' I..:~~- 127 - 2 - I . It \,~ I . " ','::.-10421':' i28 . 5. To enter into and upon all and singular real estate, and to let, manage, and improve the same or any part thereof, and to repair or otherwise improve or alter, and to insure any buildings thereon; to sell, either at public or prlva~e sale or exchange any par~ vr par~~ ~. ~J real estate or personal property for such consideration and upon such terms as my attorney shall think fit, and to execute and deliver good and sufficient deeds or other instrUments for the conveyance or transfer of the same, with such covenants of warranty or otherwise as my attorney shall see fit, and to give good and effectual receipts for all or any part of the purchase price or other consideration; and to mortgage; including purchase money mortgage, and to execute bonds and warrants and all other instrUments and documents in connection therewith and relating thereto and such power shall not be in limitation of any other powers set forth. 6. To contract with any person for leasing for such periods. at such rents and subject to such conditions as my attorney shall see fit. all or any of my said real estate; to let any such person into possession thereof; to execute all such leases and contracts as shall be necessary or - 3 - 1t~. ~. " proper in that behalf; to give notice to quit to any tenant or occupier thereofl and to receive and recover from all tenants and occupiers thereof or of any part thereof all rents, arrears of rent, and sums of money which now are or sball hereafter become due and payable 1n respec~ ~ereoij dDQ also on nonpayment thereof or of any part thereof to take all necessary or proper means and proceedings for determining the tenancy or occupation of such tenants or occupiers, and for ejecting the tenants or occupiers and recovering the possession thereof. I I \ 1 I \ I I . 7. To commence, proscecute, discontinue or defend all actions or other legal proceedings touching my estate or any part wbatsoever, or touching any matter in which I or my estate may be in any wise concerned; to settle, compromise, or submit to arbitration any debt, demand or othet right or matter due me or concerning my estate as my attorney in their sole discretion, shall deem best and for such purpose to execute and deliver such releases, discharges or other instruments as my attorney may deem necessary and advisable; and to satisfy mortgages, including the execution of a good and sufficient release, or other discharge of such mortgage. "I~;:1042 ": 129 j' . I \ I - 4 - I"" \ '1../ H. ".- ll!:~1042 I!.i. 130. B. To execu~e, acknowledge and file Federal, State and local inco~e tax and personal property tax returns. 9. To engage, p.mploy and dismiss any dgen~s. ;ler~s, Jer:an~s ~: ;the ;ersons !s ~1 attorney, in their sole discretion, shall deem necessary and advisable. 10. In general, to do all other acts, deeds, matters and things whatsoever in or about my estate, property and affairs and things herein, which I may at any time own or be entitled to, either particularly or generally described, as fully and effectually to all intents and purposes as I could do in my own proper person if person- ally present and active, giving to my said attorney power to make and substitute under them an attorney or attorneys for all the purposes herein described, hereby ratifying and confirming all that the said attorney or substitute or substitutes shall do or purport to do, therein by virtue of these presents. 11. In addition to the powers and discretion herein specifically given and conferred upon my attorney, and notwithstanding any usage or custom - 5 - '11 I ' " .. ,., . ~ ,... " .' .' to the contrary, to have the full power, right and authority to do, perform and to cause to be done and performed all such acts, deeds, matters and things in connection with my property and estate whatsoever now belonging to me or hereafter to belong ~o me or ~o w~cn 1 may oe ~n~l~lea ~a ~.y accounting as my attorney, in their sole discretion, shall deem reasonable, necessary and proper, as fully, effectually and absolutely as if they were the absolute owner and possessor thereof. 12. This power of attorney shall not be affected by my disability or incompetence. IN WITNESS WHEREOF, I have hereunto set my hand and seal this n\r day of June, 1981, to this and the preceding five (5) pages and I have also placed my initials on each preceding page for better identification and greater security. Witness: )1 o' , /;.....U~/if/714. '* ~'.. \ I ;1" ' o a~~h , I '.1 , '\1\ ~ o,,'"t'. , (SEAL) Law Groner ~::~1042 '.'~ 131 ... . . . 'I. : ll!::i042 ,:~r,t,.132 . . COMMoNWEALTH OF PENNSYLVANIA coUNTY OF DAUPHIN : 55: . on the t/8 day of June, 1981, before me a Notary Public. ?er~onal:J appeared ?~^ LAW GRONER known (or satisfactorily pro- ven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the pur- poses therein contained. IN WITNESS WHEREOF, I hereunto set my hand an4.R{t~cial seal. . ST CC Re . ~ ...~. .... ~I It _.," .' r:;t .' , ... \. .; '. " I .. VIft'.a..uw 0110 _ .... oa IIICM'T fGIM - 1-- ..~ h_ "'" ~"O'-'-l' "-........... ~.. , ooGo" 11~2 '.' 'iIr1lis ~11i:lClttllrc IolADELbI luot do,'" JlI1, I"~."" ..."....~...u.d.... II&IIC,.ILo (UIl). 1m\'E.EN JlWl c. IIXlU. .1 au CU.l InIU. ~... CUUorl.a", rA 17070 .... I. UII CWO, 01 Ul0' Lukh.U UrelA, ron ".lhlAUoa. tm Joan. .1 .cun..,...... r... r.r IWDWI UlI CJDND, Wl.u..ou, oM II A4aloJalnnll .r tho hUll II ".weft Ihl140ft Cromar. hi' hu.~aad. oJ " M. 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CnaI,.1 l)~tN 00 IWI, 1M 1# dq 01 9'-'"''f }'L .tll,W.._ lM......pod.._,pcr-u,.ppoorooI Jll.UI G. 1IlOII.... I. \.w _, AlI....IJ..&a- ru, for M&IIIIl.&h La" Croner. ........ (Dr utufaaonly pnrwa. to be lha...- . ..t....... an r'"~'" aM 'I ......._ uoI ocbowlodplll>ll lhl? -'"" 1M _1.,1bo I""l'-..... .,"'":'" t . 0,1\,1 '" DI Wl'l'NW \l'IltllEOF. I ..... ~........ Nt .., u..t uoI 00..,1&1 ~,"':, , . CllIlIIDDArICH Lon lh... IIDC.CC. _ ': ~ .;~) I 101," ,_EzpItw.I(!/~r/tL__/)~~o(~!..J?) J::::-.;,:..... I ,",uell.4un.. H.11l Uu Lab T.....;.h~r~u ..l:tJ'- . c:...,a.L CoUnty, lo_~, NT 11179 ' ',," k CannCAn or I\alDIJRS ~ ~ ....., .....,., thallloo ___ ..u... tad pi... .1 ....... 0I1loo ~ I ... II IoIIRol ~ 1Ml_ Law Groau Jo.. CroDlf Keorl ~ UICI Larkl>&1l C\rell III CU.I Itrlll I fon W'U1aILn. 1m Mew ClaMrlu.4. r.. ..1" ICOU IlClD - .- ..- lIlu1042 11'[ 135 iil " :1' ; , I I, II, i. I ,-..: , ' -..--, Ii' I' h~ \:"., ~'A:':i ;"'"'- ";;;';.~ .' . ....... ,....- . I. : . luch dlltrlbutlll Ihlll bl undlr thl "6" of Il,htlln (18) yelrl. t do hlrlby .ppoint thl apoul' of Iuch dlc..aed benlficiary aa the Telllaentary Cuardian of the ..tat. of luch child or children. E. In the event that Barbara Cronlr Cauatad should pudlc.a.. aI. the ahar. athervS.. loinl to luch d.c....d beneUcary Ihall bl dl.trlbutld to hlr chlldrln, In Iquel Ihlrl.. \, '1m" I noainate, eonlUtuU and .ppoint S. Lav Craner and JOin Gron.r Hoar., or tb. lurvivar of th.., Exacutarl of thil. ~ Will. No Exlcutor Ihall be rlquired to furntlh bond or luraty in any jurildiction. -/'SIXTHI Altlr., dl.th Ind durlns thl .dalnlltr.clon of ., .IC.tl, DO plrt of my ..tatl .hall bl lubJ.ct to .tt.c~nt or ...eution or othar 1..al prac.I. by p.rlon. or plrti.. claiata. ...in.t blnafieS.ri.l. No plrt Df ., eltece Ihlll bl elll'nlbll by eny blnlflcllry. 111 IIlMSS \IIlII!OF, 1 ,,"VI hlreunco OIC ., hend .nd .181 to chi., ., Luc 11111 .nd TOIUMnc. thil )V-h, d.y Df ,.~ ,19n. '~ll v..v..~.l.~n'lJ"~'''''' Hannah Law Cronlr (SIAL) BIl"ld, ...lld, publllhld end dlcllrld by chi within n.med Tlltlcrlx, II Ind for hlr Lalt Will and T.ltament, 1n tb. pr.llncl of UI, wbo, It blr rlqua.t. in har pr...nc. Ind in thl pr..lnel of ..ch. have h.reunto Iub- Icribld aur nl..' II Att..tinl Vitn.....t c. ~ IS fJ-M-u4 L~ kl<\ n, ~ '~~I'1I~ .tU.rtJ?YU1..L'-"; A, of 01 " ~l- ..... .\0.' '. ",' . . ' . . . VERIFICATION I, MELISSA G. CLINE, hereby verify that the facts stated in the attached document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made subject me to the penalties contained in 18 Pa. C.S. ~ 4904, Unsworn Falsification to Authorities. \'......_C) 'n.-. _!\ ~\: ~ MELISSA G. CLINE Date: '.\'"';\ \"\ , ,,",,'\l,. :1- ~ <;:J: ~ Q 1"- ~ i.J) '.. " () =<-- ~ I .. LtJ -. .,t ~I ,,' , , I..fl ' ' , ~ dD/. l l>j.. . . . , . , , CERTIFICATE OF SERVICE The undcrsigncd hcrcby ccrtifics \hllt on this dUIC. U truc und corrcct copy of foregoing Entry of Appcllruncc was scrved viII first-c1l1ss 11111i1l1pOn thc liJllowing: John /), KilIillll. Esq, KilIiun & Gcphllrt 218 Pinc Strcet 1',0, Box 886 lIurrisbllrg.I'A 17108 Robcrt Moorc. Esq, McllC. Evuns & Woodsidc 340 I North Front Strcct 1'.0. Box 5950 Ilurrisbllrgl'A 17110.0950 4JaMrI ~ -' David E, Lchman Dutc: Muy 16, 1996 ..' - . MELISSA G. CLINE and IN THE COURT OF COMMON PLEAS STEPHEN S. GAUSTAD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs , I JOAN G. MOORE and S. LAW GRONER" NO. 96-995 CIVIL TERM ATTORNEYS-IN-FACT for , HANNAH LAW GRONER, and I Executors of the Estate of , HANNAH LAW GRONER, and , ROBERT MOORE, , Defendants , STEPHEN L. GAUSTAD, MELISSA GAUSTAD SHOPE, Plaintiffs , IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA , , , CIVIL ACTION - EQUITY , I , NO. 96-2649 ~ , I , , , , JURY TRIAL DEMANDED I I , v. JOAN G. MOORE and SHELDON LAW GRONER, individually and as Attorneys-in-Fact for Hannah Law Groner, and Executors of the Estate of Hannah Law Gronerl and ROBERT MOORE, individually and as Attorney for Attorneys-in-Fact and the Executors of the Estate of Hannah Law Groner, Defendants AND NOW, this RULE TO SHOW CAUSE ?-3-.(,1- day of May, 1996, IT IS HEREBY ORDERED AND DECREED that a Rule to Show Cause is issued upon Defendants, Joan G. Moore and Sheldon Law Groncr and Robcrt Moore, and their counsel, Michael D. Reed, Esquire, to show causc as to why the following actions should not be consolidated for trial: No. 96-2649 Equity Term and No. 96-995 Civil Term, (D~. 'RAY 20 f!l96 ~ MELISSA G. CLINE and STEPHEN S. GAUSTAD, Plaintiffs IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-995 CIVIL TERM JOAN G. MOORE and S. LAW GRONER, Attorneys-in-Pact for Hannah Law Groner, and Executors of the Estate of Hannah Law Groner, and ROBERT MOORE, Defendants STEPHEN L. GAUSTAD, MELISSA GAUSTAD SHOPE, Plaintiffs IN THE COURT OP COMMON PLEAS CUMBERLAND COUN'l'Y, PENNSYLVANIA CIVIL ACTION - EQUITY v. JOAN G. MOORE and SHELDON LAW GRONER, individually and as Attorneys-in-Pact for Hannah Law Groner, and Executors of the Estmte of Hannah Law Groner, and ROBERT MOORE, individually and as Attorney for Attorneys-in-Pact and the Executors of the Estatel of Hannah Law Groner, Defendants NO. 96-2649 /'" JURY TRIAL DEMANDED ANSWER OP DEPENDANT. ROBERT MOORE. TO PLAINTIPPS' MOTION TO CONSOLIDATE Defendant, Robert Moore, by his attorneys, Caldwell << Kearns, does respond to Plaintiffs' Motion to Consolidate and accompanying Rule to Show Cause, issued May 23, 1996, stating as follows, to wit: 1. Admitted, 2. Admitted, 1 3. Admitted. 4. Admitted. In further response it is averred that following appropriate Notice Pursuant to Pa, R.C.P. 237.1, and no Complaint having been filed, the action in No. 96-995 upon Defendants' Praecipe was marked Non Pros on or about May 29, 1996. It is further understood that on or about June 4, 1994, Plaintiffs did file a Petition to Strike and Open the Judgment of Non Pros, and further seeking leave to correct the caption of the Complaint, currently captioned at the Equity Docket No. 96-2649. 5. Admitted. See response to paragraph " which is incorporated herein by reference thereto. It is further noted that contemporaneously herewith, Defendant, Robert Moore, has filed Preliminary Objections to said Complaint in Equity. In addition, Plaintiffs have filed a Petition in an Orphans' Court proceeding, docketed to No. 296 Orphans 1996, whereupon the court issued a Citation on May 1, 1996, directing Respondents to file a response to the Petition docketed therein. A response to said petition is being filed contemporaneously herewith to that action. 6. Denied. The action which had been entered at No. 96-995 has subsequently been subject to the filing of a Judgment of Non Pros and subsequent filing of a Petition to Strike/Open. Accordingly, if such petition to Strike/Open is unsuccessful, there is no action with which the Equity matter could be consolidated. It is acknowledged, in further response, if consolidation is to be considered, that it arguably would be more appropriate to 2 VERIPICATION I, Robert Moore, Esquire" verify that the Answer to Plaintiffs' Motion to Consolidate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. 4904 relating to unsworn falsification to authorities. Dated: ~1Al- /()df/f/' ~ ~~ 72802.1 \ ~: ,- -t' ,.; , . t i:': ;"., t, ~- /;,. ". '~,~ F'~ .., ,l~ n r.; ~; C"> ','i'l l' ;:-e; < "1~ I:': -. !4 'I. '0 a 1.J e.-. ir: '" " ('; i: C'J l.~ ~f '.';' ,.-. ~ : .. '0 ~ .i " ' '" , 0 'fl'l j" " , U'C' , '\l\) o( 1 ~l.. '\' ...~ 'S u ,,' (-) Q III E z . f- :! 0 ... 0: ~ it ... z <( < 0( " 0( . .J f- ~ IIJ 0 .. ~ . l- f- . 0( z 0 l('I u III 0 Z " " Z .J < ~ .. Id . x a. .J 0 Z f- IIJ ;;; IE " ~ :t .. 0 0 w IE 0 . ~ z :) 0 m .J I 0( M <( . '" III < M ii: U IE 0( X ..... .~...' "'~~I." 'II' "'" t8 f'''' f~,,..,.. , r,1 . \~.."t '.' I' I;.,. n. . STEPHEN L. GAUSTAD, MELISSA GAUSTAD SHOPE, Plaintiffs v. IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . EQUITY NO. 96-2649 EQUITY TERM JOAN G. MOORE and SHELDON LAW GRONER, individually and as Attorneys-in'Pact for Hannah Law Groner, and JURY TRIAL DEMANDED Executors of the Estate of Hannah Law Gronerl and ROBERT MOORE, individually and as Attorney for Attorneys'in'Pact and the Executors of the Estatel of Hannah Law Groner, I Defendants I PRELIMINARY OBJECTIONS OP DEPENDANT ROBERT MOORE AND NOW, comes Defendant, Robert Moore, by his at torneys, Caldwell & Kearns, and files the following Preliminary Objections, to wit: PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P. 1509lcl 1. On or about February 22, 1996, Plaintiffs commenced an action in law against the identical Defendants causing issuance of a Writ of Summons under Civil Docket No. 96-995, a true and correct copy of which is attached hereto and marked Exhibit "A" and made a part hereof by reference thereto, 2. While no complaint has been filed to said action, the said Plaintiffs did cause to have issued a Rule on May 23, 1996, by the Honorable Harold E. Sheely, Judge of the Court of Common Pleas 1 of Cumberland County, a Rule as to why the said action in law docketed to No. 96-995 civil and the instant Equity action should not be consolidated for trial. 3. Plaintiffs filed the instant equity action on or about May 13, 1996, setting forth therein certain allegations allegedly entitling said Plaintiffs to equitable relief but additionally requesting monetary compensatory and punitive damages. 4. By Rule issued on April 17, 1996 and served April 22, 1996, Plaintiffs were directed to file a Complaint pursuant to Rule through the action at law docketed to No. 96-995. Thereafter, a ten day Notice was served on Plaintiffs on May 16, 1996 pursuant to Pa, R.C.P. 237.1. 5. On May 29, 1996, Defendants filed a Praecipe to Enter Judgment of Non Pros for the action docketed at law to No. 96-995. 6. On or about June 4, 1996, the Plaintiffs did file a petition for Relief from Judgment Non Pros to the action docketed to No. 96-995, alleging therein in paragraph 3 that the Complaint filed in this action in equity should have been filed to the legal action docketed to No. 96-995. 7. By virtue of said actions and averments of PlaintiffS, Defendant Robert Moore raises the objection of the existence of a full, complete and adequate remedy at law. 2 PRELIMINARY OBJECTION IN THB FORM OF INSUFFICIENT SPECIFICITY IN A PLEADING 8. The averments of the Complaint failed to state facts, or inferences from facts, in which to support a cause of action against Defendant, Robert Moore, under existing law. 9. Alternatively and in addition, the Complaint fails to state facts or inferences from facts in which to support a cause of action for attorney's fees and/or punitive damages with regard to Defendant, Robert Moore. WHEREFORE, Defendant, Robert Moore, requests your Honorable Court to dismiss with prejudice Plaintiffs' Complaint or such offending portions thereof against said Defendant. PRELIMINARY OBJECTION IN THE FORM OF THE CLAIMANTS' INSUFFICIENT SPECIFICITY IN THB PLEADING 10. The Complaint with regard to Defendant, Robert Moore, avers but that he prepared a Power of Attorney almost fifteen years ago in favor of Defendants, Joan G. Moore and Sheldon Law Groner, which was executed on June 11, 1981, by Hannah Law Groner, now deceased. 11. The Complaint furthermore states that on or about July 1, 1986, the said Joan Groner Moore and Sheldon Law Groner, as attorneys-in-fact and pursuant to said Power of Attorney, did convey to themselves a certain tract of land situate in the town of 3 Theresa, County of Jefferson, State of New York, which deed, was allegedly prepared under the direction of Defendant, Robert Moore, husband of Defendant, Joan Groner Moore. 12. Count I of the Complaint, titled "Conversion" alleges the Defendants committed a fraud upon Plaintiffs by diverting property to themselves and are constructive trustees of the realty. The Complaint contains no averments that Robert Moore diverted the property to himself and/or was owner of, or the trustee of the said realty. 13. Count II of the Complaint, titled "Breach of Fiduciary Duty and Waste of Estate Assets" fails to set forth any facts whatsoever to support paragraphs 39 and 40 regarding alleged reduction of value and waste of the Decedent's estate with regard to Defendant Robert Moore. WHEREFORE, Defendant, Robert Moore, request your Honorable Court to dismiss Count I and that portion of Count II of the Complaint dealing with waste of the estate assets as to said Defendant, Robert Moore. PRELIMINARY OBJECTION IN THE PORM OF PENDENCY OF A PRIOR ACTION 14. Prior to the institution of this action, the Plaintiffs herein did file a Petition with the Court of Common Pleas of Cuntberland County, Orphans' Court Division, docketed to No. 296 4 exhibit A IIElI,lff 'E Of 1\lt S 'I"! Off\~n- , . reI: lG B 00 ~\\ 'SG rEB , ~ ". II \'.;,I.r-, \.II','. ~. HI,.. {lEH~S'(L " fl 1J~ J ~~~j \D ~1~ a) a) ~! ~:z:~i 0 .S . I 'E . ~ B'- . 0 a) III j iijJ i .S I .E J l1.r- ... ... ~M .~i~~~ fl I ~ -< . . f~i ~ .. Ul j~ ClUl clj.J ,it d~~'ij~ ~ !Ul 8...j~ t... ... '">< 0 ,">:':N:C- ~ ~ ~ C;!:::'.! ~l" \.!:.:J , .J ~ . . .. ; CERTIPICATE OP SERVICE I hereby certify that I am this day serving notice of the filing of the foregoing document upon the persons in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first- class postage, prepaid, as follows: John D. Killian, Esquire Jane G. Penny, Esquire Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 David E. Lehman, Esquire McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Michael D. Reed, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 '- Jam s R. Cl ,~nger Dated: June 10 , 1996 72781-1 96-321 ocliuu (number 96-2649) nnd Ihe Orphnns' Cuurt proceeding (nllmber 296 Orphnns' 1996), Huwever. PlnintilTs hnve not sought consolidntion of those two nctions, WHEREFORE. Defendonts Joan G, Moore nnd Sheldon Lnw Groner reqlJest thnt the Court deny eonsolidotion, ns requested in the Motion of Plaintiffs, Respectfully submilled, McNEES, WALLACE & NURICK nyi ~~ David E. Lehmnn l.D, #15243 100 Pine Streel P.O, Dox 1166 lIarrisburg, PA 17108-1166 (717) 232.8000 Allorneys for Defendnnts Joon G. Moore nnd Sheldon Low Groner Date: June 7. 1996 - 3 . ~ I.Cl '- ~p <;.. I .' ..:t ..... .1. ) '- ) ~. J : ~ (.' "'- i:-.1 (- c ,.:<t~ .. l~ ; . li: I: ~. .~ t:"'., 'If F.' ==.1 ~ Ju. .J , 'I. .n "'j U (.0' (,) ~ STEPHEN L, GAUSTAD, MELISSA GAUSTAD SHOPE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - EQUITY JOAN G, MOORE and SHELDON LAW GRONER, Individually and as Attorneys-in-Fact for Hannah Law Groner, and Executors of the Estate of Hannah Law Groner; and ROBERT MOORE, individually ond as Attorney for Attorneys.ln-Fact and the Executors of the Estote of Hannah Law Groner, Defcndants No, 96-2649 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Stephcn L. Gaustad Melissa Gaustad Shopc You ore hereby notified to plead to the cncloscd New Motter, AffirnlOtive Defenses and Counterclaims within twenty (20) doys from service hereof or a dcfault judgmcnt moy be entercd ogainst you. ~:~;r:';/luro~ ~ E, Lehman 100 Plnc Street 1'.0, Box 1166 Harrisburg. I' A 17108-1166 (717) 232-8000 Attorncys for Defendants Jonn G, Moore and Sheldon Luw Groncr Dated: June 7, 1996 ,- STEPHEN L. GAUSTAD, MELISSA GAUSTAD SHOPE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - EQUITY JOAN G, MOORE and SHELDON LAW GRONER, individually and as Attorneys-in-Fact for Honnah Law Groncr, and Executors of the Estate of Hannah Law Groncr; and ROBERT MOORE, individually ond as Attorney for Attorncys-in-Fact and the Executors of the Estate of Hannah Low Groner, Defendants No, 96-2649 JURY TRIAL DEMANDED ANSWER WITH NEW MATIER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS Joan G, Moore and Sheldon Low Groncr, Defendonts in the above-referenced action. make the following Answer to the Complaint which hos been filed by Plaintiffs. Stephen L. Gaustad and Melissa Gaustod Shope, in the obove-referenced motter. 1.-6, The overments of parogrnphs I through 6 of the Complaint are admitted. 7. Denicd ns stated, It is denied that Robert Moore represented "Hannah Law Groner's attorneys-in-foct". It is admitted thot Robcrt Moore performed legal scrvices for Hannah Law Groner during her lifetime and is the attorney for Hannah Law Groner's estate, 8. Admitted, 9. Denied, Defendants believe nnd over thot nt some times. nllhough not lit lIlItimes, the Decedent wns sound nnd compctent, However, there were occasions when Dccedent did not lIppenr to be mentally sound nnd competent, to, Denied ns stated, Decedent's Will. dated Jnnuary ]4. 1986. a copy of which is lIppended liS Exhibit A to the Complaint, did not dispose of the subject real estate, whleh had been transferred prior to the time of her deall\, ] I. It is lIdmitted that the Will, Exhibit A to the Comploint. provided for the distribution identified in paragraph II of the Complnint. ]2. Admitted, ]3. Admitted. 14. Denied ns stoted. It is admitted thotthe Power of Attorney wns executed by Decedent on June II, 198], and that the Power of Attorney WlIS prepared in the law office of Robert Moore, It lIlso is ndmitted that Robert Moore is the husband of Jonn Groner Moore, IS. It is admitted thot appended ns Exhibit C to the Comploint is 0 Deed whieh was the vehicle for n conveyance, doted July I, 1986, the substance nnd content of which is fully set forth in the soid Deed, 16. It is lIdmitted thnt the Deed, nttnched ns Exhibit C to the Complaint, contained various avennents, including the excerpt recited in parngraph 16 of the Comploint. 17. Denied as stoted. The vnlue of the premises in question. at the time of the transfer, was in the rnnge of $20,000, 18. It is ndmitted that the Deed. 1I11nched ns Exhibit C to the Complaint, contnined vlIrious overments. including the excerpt recited in pnragraph 18 of the Complaint. - 2 . 19, Dcnicd us stutcd, The Powcr of Attorncy did contuin broud lunguuge uuthorizing Joon G, Moorc und Sheldon Luw Groner to huvc thc filII powcr, right und lIuthority to do anything in conncction with the propcrly and estote of Deccdcnt, cntrusting to their sole discretion and uuthority to tuke action which they "dcem rCllsonublc, nccessllry lInd proper" ,," 20, Denicd liS stilted. It is udmittcd thutthe Decd wus prepllrcd by thc luw office of Robcrt Moore, It is furthcr udmitted tllUt Robcrt Moore is the husbund of JOlin G, Moore, It is dcnied thutthe Dccd wus prcpurcd undcr thc dlrcction of Robcrt Moorc. On the contrary, it WIIS prcpared utthe direction of Joun G, Moore und S. Luw Groncr us uttorncys-In-fact of Honnah Law Groncr. 21. Admittcd, 22. Dcnicd lIS statcd, Thc expression of wish und dcsirc to kecp the troct "in the family" is admittcd. 23. Dcnied lIS statcd, It is admittcd thutthe Willattachcd as Exhibit D to the Complaint providcs for the distribution set forth in puragroph II und contuins un expression of desire thot the subjcct property remoin in thc flll11i1y. It is dcnied thutthe Willattachcd as Exhibit D to the Complaint can be the bllSis for any of the cloims assertcd In this matter. 24, Dcnicd os stotcd, Thc convcyoncc of thc property in qucstion was for the specific purposc und rellSon of kccping the property "in the family." It is dcnied thatthc conveyance WIIS "withoutthc knowledge, conscnt or authoriZlltion of the Deccdcnt," 25, Denied, Thc gencral avcrmcntof purograph 25, conccrning the bclicf of Plaintiffs, Is dcnicd, Aftcr the conveyuncc in July of 1986. Sheldon Luw Groncr und Joun G. Moore puid cxpcnscs for insurancc, tuxcs and gcncrulmllintcnllncc of thc truct in qucstion, - 3 - 26, Denied as stated. It is denied that any IIdministration of thc linllncilllllffairs of Hannah Lllw Groner by JOlin G. Moorc IIml/or Shcldon Law Gruncr was impropcr or dcccptive in any respcet. On the contrary, it is averred that thc trnnslcr of thc subjcct propcny was for thc purpose of kecping thc suhJcct propcrty "in thc 1i1l11i1y," It is dcnicd that uny of thc usscls of Hannoh Law Groncr werc "consumcd" for thc pcrsonul hcnclit of cithcr Joun G, Moorc or Shcldon Law Groner. 27, Dcnied as stated. Plaintiffs werc cxplicitly informcd, following the death of Hannah Law Groner, of the transfcr of thc property in qucstion in 1986, Plaintiffs wcrc also told that the transfer was madc in order to kecp thc suhject propcrty "in thc lamily," It is bclicved, IInd therefore overred, that PlaintilTs consultcd eounscl in the spring of 1994 for thc purposes of investigating the mallcr further, olthough Plaintiffs chose to take no action in connection with their inquiry for a period of approximately two ycars, 28, Denied as stoted. Defendants deny thotthcy "convcrtcd" thc subject property, IIny other property or any monies. Defendants admit thcy have not convcycd the property to Decedent's estote or to Plaintiffs. 29, It is admitted that the noticc appcnded as Exhibit E to the Complaint was sent to Plointiffs, ohhough other informotion was providcd, including payment of a linol distributive shore of the distributablc cstote of Ilannah Groner. Appended herclo and marked as Exhibit "A" are copies of lellers scnt by certitied mllilto each of thc Plaintiffs. lilrwarding nn accounting of the cstatc's assets, expcnditures and calclllotion of hulunccs rcmuining lilr distrihution. - 4 - COUNT I . CONVERSION 30. Denied. Defendants ineorporutc hy rcfcrcnec thcir unswers to paragraphs 1 through 29 ubove us though fully sct forth hcrein, 31. Dcnicd, Dcfendunts dcny tllllt thcy had knowlcdgc of und agrced to participate in u scheme to defraud I'luintins of their right to inhcrit and posscss the shurc of Deecdcnt's rcolty which she intendcd them to rcccive. Dcfcndunts dcny uny fraud or "sehcmc to defraud." 32. Denicd. Defendants dcny thut thcy had knowlcdgc of and agreed to partieipote in a scheme to ubuse their confidential relationship with Dccedentto convey Decedent's reulty to themselves, Defendants dcny that any confidential rclationship existed, However, to the extent any confidential relationship did cxist, Defcndonts deny that therc was any abuse of that confidential relationship, On the contrary. Dcfendonts aver that they acted in conformity with the wishes of Decedent. Particularly, Defendants aetcd in conformity with Decedent's wish that the subject property remain "in the fnmily." 33. Denied. Defendants deny that they had knowledge of and ogreed to partlcipote in a scheme to abuse their confidential relationship with Decedent to fund the transfer of her reolty to themselves, and to fund their maintenonce of the rcalty. Defendants incorporate by reference their answer to paragraph 32 abovc as If fully set forth hercin, 34. Denied. Dcfcndants deny that thcy intcntionally or otherwise deceived Decedent. Defendonts carricd out Dcccdent's wishes and acted in her bcst interests, Defendants admit that they hod a family relationship to Dcccdent and that at ccrtain times. although not at all times, Dccedent relied on and placcd trust in Dcfcndants, .5. (b) Dcnicd. Dcfcndnnts dcny wosting any of thc asscts of Dcccdcnt. (c) Dcnicd, Dcfcndants dcny undcrmining and thwarting Dcccdcnt's dccisions as to thc disposition of hcr rcalty and asscts, (d) Dcnicd, Dcfcndnnts dcny dclibcratcly divcrting Plnintiffs' right to inhcrit and posscss thcir sharc of Dcccdcnt's rcalty. Dcfcndants dcny that Plaintiffs hllvc lIny right to inhcrit or posscss thc rcalty, 41. Dcnicd, Dcfcndants dcny any brcach of Iiduclary duty, Dcfcndants dcny any "schcmc to harm" Plaintiffs' intcrcsts as bcncliciarics, Dcfcndants dcny ossisting or porticipllting In any brcach of Iiduciory duty. Dcfcndants deny any knowledgc of any brcach of Iiduciary duty. Defendonts deny that they had any "purposc and Intcnt of fncllitlltlng thc commission" of a "scheme to hnnn" Plaintiffs' Interests as beneliclarics, WHEREFORE, Defendants rcspcctfully requcst the Court to dismiss this action ond to deny the relief requestcd by Plaintiffs, NEW MAllER, AFFII{MATIVE DEFENSES AND COUNTERCLAIMS 42, Plaintiffs have known of thc transfcr of thc subject propcrty for more thon two years preceding the commenccmcnt of this procecding. Appended hereto and marked os Exhibit "B" to this pleading is a copy of a letter dated April II, 1994, from Plaintiff. Mclisso Cline. to Robert Moore, Esquirc, cvidcncing hcr knowledgc of thc subjcct transfcr and hcr qucstions concerning its regulllrity, 43, Clcllrly, PllIintin's hllvc known lIbout thc cvents which give rlsc to this claim for a period in cxccss of two ycars, Ilaving fuilcd to proSCClItC any c1l1il11 liJr relicI' within a pcriod of - 7 - morc than two ycars. PlaintilTs' cloim should be borred either by thc opplicable statutc of limitations or thc doctrine of laches, 44, Hoving failed to raise their claims within any reasonable period of timc following the discovcry of the evcnts in question. PlaintilTs should be barred from sceking equitable rclicf. for having failed to pursue their claims in a reasonable or timely fashion, On the contrary, Plointiffs havc deloycd taking any steps whatsocvcr In connection with thc cloims now assertcd. to thc dctrlmcnt and prcjudicc of Dcfcndants, 45, Plaintiffs hove tokcn full advantage of the odministrotion of the estate by Defendants and havc rcceivcd thc proferred linol distribution of thcir share of thc cstatc in Dccembcr, 1994. Having dcclincd and foilcd to prosccute any claims arising out of or related to that distribution or the notice of thc final steps in odministrotion of thc estate. Plaintiffs should be barred from any claim for relief in these proceedings, 46. Defendants have paid the expenses of insurance, tnxes and maintenance on the subject property since 1986, not Hannah Law Groner, the Estate of Honnah Law Groner nor PlaintilTs. 47, PlaintilTs received the benelit, use and enjoyment of the subject property, over the years since 1986. Following the death of Hannah Luw Groner, Plaintiffs were offercd fwnily usage of the propcrty, without expense. but declined to pursue thut oflcr, 48, PlaintifTs' c1uims ure burred by luehes, Huving known of the underlying facts related to this molter for more than two yeurs und huving Iililed to uet in the interim on that knowledge, PlointifTs should not be permilted to pursue c1uims now, uner Delcndunts. und purtieularly - K - Defendants Joan G, Moore and Robert Moore, have made substantinl improvements to the property in question, 49, Plaintiffs should repny to the estnte of Hannah Law Groner sums which were poid as advance distributions, in the amount of $2,200 each, Said sums will be required in order to meet the expense of the estate in protecting its interests in this Iitigntion proceeding, 50, Had the subject property remained an asset under the ownership and control of Hannah Law Groner during her lifetime, that asset would have been subject to Iiquidntion and its proceeds expended for her care and maintenonee during the last eight years of her life. 51. The tronsfer in question of the subject propeny did not deprive the probate estate of Hannah Law Groner of any asset which otherwise would have been distributable at the time of her deoth. 52. Should it be determined, notwithstanding the foregoing averments. thot Plaintiffs are entitled to some monetary share interest in the asset represented by the subject property, Plaintiffs should be charged with a proportionate sharc of rcsponsibility for taxcs, operoting cxpenses and upkeep that have been incurred by Defendants, 53. Should it be determined. notwithstanding the foregoing averments, thot Plaintiffs are entitled to some monetary share interest in the nsset represented by thc subject property, Plaintiffs should be required to reimburse Defendants for improvements made by Defendants to the subject propeny, 54, PlaintilTs are not entilled to a jury trial. 55, There is no bnsis fiJr the imposition of n constrnctive trust. 56, PlaintilTs have fililed to state a cnuse of uction upon which relief muy be granted, .1) . 57, Plaintiffs have suffered no recoverable damages, WHEREFORE, Defendants respectfully request that this Court dismiss the Comploinl, deny all relief requested by Plointiffs, grunt all relief requested by Defendants and impose costs of this proceeding on Plointiffs, including an award of counsel fces incurred by Defendants in their defense of this matter. Respectfully submitted. By / I Davl E, Lehman I.D. No, 1 5243 100 Pine Street 1'.0, Box 1166 Harrisburg. I' A 17108-1166 A"ACE liCK Attorneys for Defendonts Joon G. Moore and Sheldon Law Groner Dated: June 7, 1996 - 10- .' .... ~'''''',.'''':f'':-'';:-.;'' '-', ,'.j, , , ,.,:..l.\-......_\..,..~.r:. 'n;:-r..' '..~..~\tl'fTr.;o. "'.." . " ... .;........ .-:-', -...,';.....,.~.Ro."Y; ."..._._.~-~ , ';:,.:..:..:.:-v p . 1113 563 995 Receipt for Certified Mall No Inlurrmce Covelloe Pro\llded 00 nOI UIQ 'or Inlernltlonal Mall (Seo Reverlel ,....... ~ - ':'::L'.\':':l'. . ...--. T S.IIIIO Ste Sh... '~d 11I0 P (.), Sr.!, .~a lIP C~d' POII.g. $ e".,I,.al.. SC'CI'1 O'I'~,,., f.. fltllJlCl'lIC'tl."th. - fl,n.,"P""DISho""",'il '" '" to Whom' 0.., O'II\-"'d . ~'IUI"Jl'ct'DIShO"""'ilIOWtlu"'. 5 e.." .~o AOOIIIIII'1 "lIdnn ., rOUlPOIl.;. $ 0 !.f.u 0 Pestm,rt 0' Ojl, Ql ~flrt l'l E l; ... :r -~.. ~ '--0 - . ."- .- - I. ....M..'... .______.....___....... _.f ..-.......-.........,...- ._-......-.. - ". .. ,. ~- . ---.--:--.---- ',' . ,.. "',"" ..., ...._.. _.._......__......_--. ,_..u.... ._.,......,__-"'-_ .____.___. .."'- ._.....i ,..._-... ------......-.----.--.-- '" ,.:. . .. . , ,':....-.. "I~ ,_ ..-......-......."...... . '..'..... ..~_. ....,..w...""~ ......,,=-.""'_.._ EXlIllH'!' "n" , 13106 Larkhall Circle Fort Washington, MD 20744 December 19, 1994 Stephen L. Gaustad 2405 East Cochise Street Phoenix, AZ 85028 Dear Steve: Enclosed is a check in the amount of $2,200.04 in final payment of your distributive share of Mother's estate. You receive a $200 specific bequest as did the other grandchildren. After payment of these bequests your share of the residue of the estate is $2,000.04. The bequest of $200 and your share of the residue has been combined in the enclosed check. So that you know how the calculations were made there are also enclosed copies of the pertinent portions of the Inheritance Tax Return and a sheet showing the calculations whereby we arrived at the distributable shares. Item 14 on the first page of the tax return is the taxable balance after expenses. From this balance we deducted the inheritance tax which gives the distributable balance. You should be aware that in calculating your distributable share we used the date of death values for the stock versus today's actual values which are considerably lower. This results in your share being higher than a distribution based on today's values. Enclosures Love, ! (.'^ d..J ~w~ VIA CERTIFIF~ HAIL COMMONWEAL TH 0' f1ENN!Y\.VANIA OEPARTM(NT OF R[V(NU[ D(I"1'.2IoI01 HARRISBURG, PA "'21.0101 Fan DATES OF DEAlll AFTER 12/31/11 CHECK HERE IF A SPOUSAl POVERTY CREDIT IS CLAIMED FILE NUMBER 21 94 COUNTY CODE VEAR OECEOEIITS COMPLETE ADDRESS 414 Carol street New Clrabcrland, PA 17070 ". . 'UV..UOO li.."-"I DECEDENT CHECK APPRO- PRIATE BLOCKS COR RES- PONDEIlT RECAPIT . UUTION TAX COMPUTA- TION PAl5001 ..n: 120' INHERITANCE TAX RETURN RESIDENT DECEDENT (TO BE FILED IN DUPLICATE WITH REGISTER OF WILLS) DECEDEIITS NAME (UST, FIRST, AND MIDDLE INITIAL) GOONER IWlN1IH L. SOCIAL SECURrTY NUMBER 179-30-5519 " Originll RolUrn CounlV 0lInb>.r land 3, Romalndo, ROWin 00296 NUMBER 1101 .alu 01 ...,,, pilar '0 12-1:1-121 o 5. Folletll ESlIIO Till Roturn Roquired _ 8, TOIII Number 01 SII. Dopolil eo... o .1. Futuro Intoros1 CofTll,omso (10' dllos 01 OOllh Inor 12-12-82) !H 8, Docod.nl Dl8d Tostllo 0 7, Docooonl Mlml&lnod. Wng TlU5I (An.ch copy 01 Will) (Anoch copy 01 T1U5I) Al.LCORRESPONDENCE ANO COI/FlDEKTlAL,TAlC INFORMATION SIlOUlll BE DIREC'l'al TO: NAME .~ COMPLETE MAIUNG ADDRESS Joan G. Mocre 414 Carol street TELEPHONE NUMBER New Olmberlarxl, PA 717-774-6499 1, Rill EsIII. (5chodul8 A) ( 1) 2, Stocks Ind Bonds (Schodul8 B) ( 2) ~, Closoiy Hold S1oCk/Pl11no..hlp In101851 (Schooul8 C) ( ~I o~, Umtod Estill 17070 19. II Une 1S15 reale' than hne 17 .nler the arn..rc.e on _nt1 " A. Chlok hi" " on __ I ........ .. 20, It Iln8 17 la grelle' lhan line '8 em., lno O'n.en::.a on _nt1 ;"'C A, Ente, the Inlereat on lno bMance due c" ,,... ;'OA B. Enfer the talal or line i."O .~ :'OA on _,...:-OS Thr5 IS Ine aALAHCE DUE. Makl Chick PIVlbl8 10' R"9'"'' of ...... "'9W" ...... aE SURE TO ANSWER AU. ~OOCI ON PAGE 2 AN) TO RECHECK MAlll ...." .':I",.:".'~"ti!liP..~l Ulllltr 111114111111 DI D"lljf"."'Ca.atl'ft'11 IIhl .........'.1",. ..1..... '''C''_~ ........._,.. ........ '"0 1l~1t"'."U, ,net 10 tI'l oln 01 my '"0.'10,. '''11 ....1.1111 "".. ",",et.... ~:~:~~I:~~~.~~~~.IIl&l'U'UI"UlII".' O",,"oan.. tllh.. -..". ..- ..- ..'....-.' "_... ..".' 11'1'" 1111 U"on""Il"../tUll'.... t, UUO o",III"'O'''''llOIlOIW'"CI'I,'IJIlIr 15,628.00 <, Mong.gos and Nol.. R8C8lYlblo (Schooul8 D) 5. Cash, Blnk Deposita & MI5COUanoous Porsonal Property (Schooulo E) 6, JOlnUy Ownod Prop...,., (Scnooul8 F) 7, Trlnslo.. (Schodulo G) (Sctl80ulO L) ( <) ( ~I 2,148.33 ( 6) ( 71 I, TollI Gro.. AssuIS (:01111100' 1-7) 9, Funs,lI Exp.n..., Aomn..ul...,. Costs. ( 91 Mlscolllnooul Exp.n... (Scnooul8 HI 10. OoblS, Mong.g. USbd""'s, I.Jens (SchoOUIO II (101 11, TOIII D.ductlons (10111 bnos 9 & '0) 12, Nel Vllu. 01 Esllle (lino 8 mnus I",. ") ,~. Chontlblo Ind Go.....rnmentll BuQUOS1J IScM'M8 J) ( 8) 2,544.28 763.87 (II) (12) (1~) 11~) 14,468.18. .06 . 0.00. ,IS . (17) Oacoun, Inlorest U, Nil Vaiue Sub'eet to TI.I lime 12 mnus line 1:J1 15. Amount 01lln8 1"tD.~e al 6'"... 'lie (InClu~e values trom ScneaulB K or Scneau" u , 16. Amount of line '''IDlble II "... rllo {lncludD values Itom ScnoauMt K at Scneau. ... I 17. PnnclpaJ tax due (Add III from line 1!J Ina hom _ne 16) 1e, CredItS SIIOIIUIPont1"C"o., Pnor PI~ (1~1 "61 0.00. (II) (19) T.... os 1M OVERPAYMEIlT, on!. '.... '" In. TAX DUE. (20) (2OA) (20S) .&ce., \', DAT( fj/, /r,l/ OAT( See Scnedu1e llt;-'..ached ACOIIIB :;0""'1'11 '11101' ~oll..u. elll" ,..J ""1:0, tOt ""_All'l' 17,776.33 3,308.15 14,468.18 14 468.18 868.09 0.00 868.09 0.00 868.09 0.00 868.09 , Alv.t'nu..l....' SCHEDULE B STOCKS AND BONDS 'I, , CO",UOJiWI...LTH 0' r(NNanV...NI... INHIRITANCI TAX AUU"N "UICINT DICE DINT ESTATE OF FILE NUMBER H1INNAH L. GroNER (All properly 10lnUy-owned wtth RighI olSurvlvonhlp mus' be dlscloHd on Schedull F,) ITEM NO, 21-94-00296 VALUE AT DATE OF DEATH DESCRIPTION 1 10 shares 4. 6 PF&L preferred 2 134 shares PF&L CCIl1lDn 3 164 Rockwell Int. ........"'LJlI 4 1 Bloansb.Jrg Fair Assoc. 5 10 PA Gas & Water 4.10 CUm. Pfd. 465.00 3,517.50 6,170.50 5,000.00 475.00 TOTAl 'Also ttnler on line:. RecOlDrfUllbOnl III molO SCleo IS neeoeo, Insert 100ltlonaJ Sf\eQt:I Dllamo 5I%D,) s 15,628.00 PA15031 "-In uu CUrrlllll'll'o,,,,. SOli.". O"'Y, 'n1 ~'ICO, ,lOt __tlll'111' ~, .RIV- !IOI EX. <<2-") ( SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY ( . . COMMONWEAlTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF HANNAH L. ~ All -owned wl1h tho RI hI at Survlvonthlp must be disclosed on ~hedulo F) ITEM NO. Pln.so Pnnt or T 0 FILE NUMBER 21-94-00296 DESCRIPTION VALUE AT DATE OF DEI. T1i 1 PNC Bank Olecking Ac:a:m1t 2,148.33 PAISO.' NTF 1211 TDTAlIA!$O enler on IIno~. RocaDltUlltlon) S (Anlcn adclIuonal a 11:- . 1'" ''''''''l5 11 rTl:)fe IDICO " needed. I 2 148.33 COO'"lI''' F'''III, 50ft.." 0".,. ,,,] ~'ICll, ,"( "'J..e., fUV-ulJ u. .luUI ( . CDUMONW[AL TH OF PENHSVL\iANIA IIiH[AllANC[ TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT. MORTGAGE LIABILITIES AND LIENS PI.....PrlntorT !FlLE NUMBER 21-94-00296 ESTATE OF HANN1Ili L. GOCiNER ITEM NO. DESCRIPTION AMOUNT 1 Bell of Pennsylvania Leader Nursin;J Haoo Final Bill Camonwealth of Pennsylvania 1993 incam tax 143.00 17.35 2 603.52 3 PA'S'2' TOTAL lAlso 8nlor on hne 10. Reca.ortUlloonl IlllT'WJre spaco IS noo~ed, I"se" IdCJltlOnaj snoelS ot sarno 5lZ0.) 763.87 s NTF 2110 :U""Oll' F~,,,,. Salt"'." ell',., "n ~"CO, IIlC. '4UP"'l' '. ...".--,,' '.'--- -- '"' ..---_. .' . ....j.,.. " "'-"1 -.. ~....._- '-'. ..... ---_._-_.~.....~_.. .....: .... ~:~... '\~f:~ ..--....................-...--...........- .. .........-.- ... --. ...- -. ....-- ..,;:...;;.': .....I'~.......:;;,r\-..I.~-~r: ':j . ~ '.'. -. ','. .t'I.! \ ...o:.:--\7_",!':""'~"' P LJ13 5611 007 ", RBcelpt for .,. .,...; ,..,..,- ... .\.;........~-..."O"'..t. ~ ..... CertlflBd Mall . ~ '.. ....:..::::...~'-. No Inlurance Coyorogo ProvIded - 00 nOI use for Inlomollon31 Mail ......_.-o---r""_'f'C:_~l ~:::,\':::.\ ...... ISea Reverlol 5'"11 Ie G. I: '" (. :55il Sh..! ''''''Ill .__._..._--_._---;-:.~ I' 0,51.11, ,,,<1 ;IPCoI<I. "QII.I\I' $ ellll..lS ,.. ~Il'('" O,"y,,~ F.. f1nlhct.4 C'''~'I~ r" - A'h,," "'CI'ol SI'10"""'\I '" '" 10 ~'hcm & Of" O.lI"',Q . Rt/vIM ll'CI'ol 5110"""1 Ill"",om 5 0.1" 'I\4,lCCI..........ll<JllI. ., rorAL POll.... $ ci I'''' 0 Po"m.,~ 0, 0.11, CD M /~/f~ fry E c "- Ie .. h---' '.. _._;.-.-o:-'---:~? '__'___'-'-",,'I1f--""''' -. -.-. ~-.._.....,.-"'" ---, ~. - . ~- ..'-'" . ._... . . --. .".' ..-.-.. '._~~~..:::::': -... -.:.... ......--.....--.......---..--........---.-. .....-....~----.. . . .- --:---;-r _ .' '.-...-_-__ ..._._.___.._________.~......-._4..__ ...,-..... or- . .....' ......-~-' ... -+.' ~ . .' \ ." ,'._ "'-,'-'~-.. -....-n~...........___ '. (\ ( 13106 Larkhall Circle Fort Washington, MD 20744 December 19, 1994 Melissa G. Cline 723 N. River Street, Apt. 1 Wormleysburg, PA 17043 Dear Melissa: Enclosed is a check in the amount of $2,200.05 in final payment of your distributive share of Mother's estate. You receive a $200 specific bequest as did the other grandchildren. After payment of these bequests your share of the residue of the estate is $2,000.05. The bequest of $200 and your share of the residue has been combined in the enclosed check. So that you know how the calculations were made there are also enclosed copies of the pertinent portions of the Inheritance Tax Return and a sheet showing the calculations whereby we arrived at the distributable shares. Item 14 on the first page of the tax return is the taxable balance after expenses. From this balance we deducted the inheritance tax which gives the distributable balance. You should be aware that in calculating your distributable share we used the date of death values for the stock versus today's actual values which are considerably lower. This results in your share being higher than a distribution based on today's values. Enclosures Love. [C~t!) ~w- VIA CERTIFIED HAIL ..... , . , ( INHERITANCE TAX RETURN RESIDENT DECECENT (TO BE FILED IN DUPLICATE WITH REGISTER OF WILLS) Fan DATES OF DEATH AFTER 'W,It, CHECK HERE IF A SPOUSAL POVERTY CREDIT IS CLAIMEO FILE NUMBER 21 94 COU/lTY CODE YEAR DECEDENT'S COMPLETE ADDRESS 414 Carol street New Olmberlan:l, PA 17070 00296 NUMBER , ,'. "IY...1I00 ';.'111"111 COMMONWEAL TH 0' PENNSY\.VANIA CEPAATMINT OF REVENU[ CEPT.21010' H..RfUSBUAO..... "121"010, DECEDenrs NAME (LAST, FIRST. AND MID[,LE INITIAL) DECEDENT GroNER HANNAH L. SOCIAL SECURITY NUMBER 179-30-5519 1. Onglnal Roblrn 3, ROmAlndor Roturn CHECK APPRO- PRIATE BLOCKS o 4. U"'led ESISIO 1I0f 11&1.. of dill II pIlO"O 11..1)...U) o 5, Fedoral Esta10 Tax Return Roqulred _ 8. TOlal Number 01 Solo Deposit Bo.os CORRES- PONDENT o ... Futuro Inlormt Coflllromse (lor dsl.. 01 doslh shor 12-12-B:!) lB 6. Docodont Dkld TOS10IO 0 7. Docodont MOlnllJnod sLMng Trusl (Ahach copy 01 Will) (Mach copy 01 Trull) ALl; CORRESPONDENCE AND COHADENTlAL TAX INFORMATION SHOUlD BE DIRECTED TO: NAME COMPLETE MAIUNG ADDRESS Joan G. Moore 414 Carol street TELEPHONE NUMBER New Olmberland, PA 717-774-6499 1. Real ElIlsle (~hedule A) ( 1) 2. Slocks snd Bonds (~hedule B) ( 2) 3. CloselV Hold Slock/Pan""",hJp Inler..., (Schodukl C) ( 3) 17070 15,628.00 RECAPIT- ULATION 4. Mongagos and NOI.. Roca,vsble (~hedulo D) 5. Cash. Bank DepoSItS & MIscell.noous Personal Propeny (SChedule E) 6. Jointly Owned Propeny (SChedule F) 7. Trsn.I.", (SChedule G) (SChedule LI ( 4) ( ~) 2,148.33 ( 6) ( 7) B. TOlal Gro.. Asaots (Iolalllnos 1-7) 9. Fun.ral Exp.n.... Ad",n"l1snv. Costs. ( 9) Miscellaneous Expenses (Schedule H) 10. D.bts, Mongog. UObili1les, LJons (SChedulo I) (10) 11. Total D.dUCllons (Iolal Unes 9 & 10) 12. N.I Valu. of Eatsl. (II"" 8 "'nus line 11) 13. Chlll1tsblo ond Governmenlal BoQuostllSCl1oaulO J) OISCQunl ( 6) 2,544.28 763.87 ('1) (12) (13) (14) 14 , 468 .18 . .06 . 0.00. .1~ . (17) Inlorost 17,776.33 3,308.15 14,468.18 14. Net Value SubjeCi to Tax (line 12 rnnus hno 13) 1!!l. Am::Iunl at line,.. tlluble a'~. rale "51 (Inelude values tram SchedUle K or ScnecukJ M I 14 468.18 868.09 TAX COMPUTA- TION 16. Amount alllne 1~ taxable aI15~. rala (InclUde values tram SChedule K or SCnedule M I 17. PnnCtpaf to dUQ (Add lax tram hne 1SInd trom ItroO 16) 18. Credits 500u..' Ph.n., C'.!l,t Prior Payrnqnu (161 0.00 868.09 0.00. (18) (19) 0.00 19. II Ime 10 is realer than line 17 enler 1M drNltf8nce an line ,g ThtS 15 Inn OVERPAYMENT. A. Chock ho.. H ... _ . _ of ur _"",ymont. 20. II hne 17 is grellor than hno 18. enlor 1M Clf'l8fenc.e an 1Ir'M] ~ Ttus IS the TAX DUE. A. Enler the inl8fBst on the DaJlnco due on line 20A B. Enler 1ho 10111 01 line 20 Ino 20A an llne:.'08 ThiS r.1lhO BALANCE DUE. Mike Check Payable 10: Register of WUls. Aqenl ....BESURE TO ANSWER ALl. aue5110Hs ON PAGE 2 AND TO RECHEO< MATH ..... . ,.. . ,. ,... .'",,!~.:J.'II'l<!:'1.t'\'~ UnOI' 1t".IIIII.' 11.'111''', I O'Cl&f.III.11 "IW. UAII'l"'IO III.. "'100'" '~t''"'''',~uu'''''''''''''''IC'''.a...tl '''d '~III11,,,u. A"1I10 ,". Ollt 01 "',."Owl.d...."1I '011",11.. ""..CORm.,.' ~:~:~~I:~~~I::~~.'"11IU '".Ut.ll. III' On" "Dan to 1111." .......1 W...... ...U"'II'o" 01 ".IU'" 01 "If """ tll. 11."0"11 'UI".."tAlln '1 ~"CI on ,'1 ''''.''''1110'' Or ""le" p",.,... (20) (20A) (20B) 868.09 0.00 868.09 .COA($~ See Sch!rlu1e a t+"ulc.'led CAn: r;/, /r;l/ OATI ACDRUS PAl5001 NT' 1201 e~o"f'I'''t J"",. ~ot'''''.1t /Jill" 'Ill ~t'u. rot. '1']PAO!)' . fUV"UO.lh 12~") SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF HANlWl L. ~ All rope oln -owned with tho RI hi 01 Survlvorahl ITEM NO. 21-94-00296 must be disclosed on ~hedulo F) VAlUE AT DA TC OF DEA T1i DESCRIPTION 1 PNC Bank Ol~ 1Io::cunt 2,148.33 PAI&OB\ TOTAL IAlso .n,., on line a. ROC41111UlaUonl Is (Anacn 4ddloonaJ 8 1rr . t,.. '"eet~ It moro SQICQ 18 neeoed.l 2,148.33 ~Tr:UU COD"";""O''''I !oft...,. 0'11'0., l"~ ""IUl, :"t_ ~n""04l ~ly..tllI ["P-II' SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES PI..s. Print 0' Typo COMIr.lONW[AL rH OF PENNSYLVANIA INttlRIUHCE TA.I RETURN RUIDINT DECEOENT ESTATE OF lWlN1IH L. GOONm ITEM NO. A. Funoral EJponsoa: FILE HUMBER 21-94-00296 DESCRIPTION AMOUNT 1 Parthem:lre FUneral Hate 2 Magee Hotel - post funeral refreshments 3 Ralph Dillon - flowers 4 Hayhurst Mem:lrials - stone installation 185.00 73.14 291.50 64.00 e, AdmlnlstraUyo Costa: I. Persona! Reprosontauve ConvnSSlOns Social Socumy Numbo, 01 P8f1Onal Roprosonl.evo: Yo.. Conmll..ns paid 875.00 2. Anornoy F.... 875.00 ~. Famiy EllOmpeon Claimanl 0.00 RolaDomhlp Add,OII 01 Clalmanl Sl llOCGdonra dlllh SUOOI Add".. Clly 5,a'0 Zlp Cod. 4, P,obSI. Foes 72.00 C. Mlscollsnoous EJpensoa: 1 CUmberland Law Journal - advertisenent 40.00 2 Carlisle Sentinel - advertiserrent 68.64 PAU'l1 TOTAL rAlso enter on Iino 9, ROCllllltUISeonl S (If mar. ap.ICI II "HOed. Inun ,addtUarullhMls 01 ume 111..) 2 544.28 "'1'1711 :~'''I'"1 '1''''' ~1l11..1t C'lI,. 't" "l1'CO lie ..UP"... " . "IV.IIUU.ttlUl . .'. CO...MOHW(ALTH OF P(NNS'YLVA~IA INHlfUTANC[ lAX nOUAN "[JIDINT DECIDENT SCHEDULE I DEBTS OF DECEDENT. MORTGAGE LIABILITIES AND LIENS PI.....PrlntorT IFILE NUMBER 21-94-00296 ESTATE OF HANN1Ili L. GRClNER ITEM NO. OESCRIPTlON AMOUNT 1 Bell of Pennsylvania 17.35 2 T 1>;0-1,,1:' Nursin;J Haoo Final Bill 3 Camonwealth of Pennsylvania 1993 inc:aro tax 603.52 143.00 PAIS'21 NT' 2110 TOTAl. ,..,., etl1er on 1'"810. ReclDlUJllbonJ (II ""'II selce IS '*tOed I~ ~naJ SheelS 01 same sue.) s 763.87 ClI."","'IlO''''' SOII..,eO"I\I, .t" N,IClI, lOt ~'I..II' CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of foregoing Answer was served via first-class mail upon the following: John D. Killian, Esq. Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, I' A 17108 Michael D. Reed, Esq. Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg PA 17110.0950 James R. Clippinger, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg.PA 17110 (;);r401t~ David E. Lehman Dale: June 7. 1996 ,---" , ~ ,-__J fj: N lr c .. ..,. -, '.1 :r: ..J:,' 0- . ,~j I. _ c... Ii Cl -:,'.1) 'i:(~ fj:;l! .. "i"i) ~- , :. Jtl.. "., l!.i ,n ;j t" U 9. The averment contained in this paragraph contains a conclusion of law to which no response is required. WHEREFORE, the Plaintiffs respectfully request that the Preliminary Objections be dismissed. PRELIMINARY OBJECTION IN THE FORM OF THE CLAIMANTS' INSUFFICIENT SPECIFICITY IN THE PLEADING 10. Denied as stated. By way of further answer, the Complaint filed by the Plaintiffs states that Defendant, Robert Moore, was a party to the scheme perpetrated by the Defendants to abuse their confidential relationship with Decedent and to unlawfully convey Decedent's realty to themselves. Further, the Complaint alleges that Defendant, Robert Moore, was an active participant and had full knowledge of the actions and intents of the Co-Defendants to this action. 11 . Admi tted. 12. Admitted. By way of further answer, while the Complaint does not allege that Robert Moore is a title owner or a trustee of the said realty, the Complaint does allege that he was an active participant in the scheme to defraud the Plaintiffs. 13. Denied. It is specifically denied that Count II of the Complaint, titled "Breach of Fiduciary Duty and Waste of Estate Assets," fails to set forth any facts whatsoever to support paragraphs 39 and 40 regarding alleged reduction of value and waste of Defendant's estate with regard to Defendant Robert Moore. By way of further answer, the Count incorporates all of the preceding paragraphs under Count I I. Further, paragraph 40 of the 2 . . subject Complaint recites a number of accusations made by Plaintiffs against Defendants any of which would allow Plaintiffs to recover against Defendant, Robert Moore. WHEREFORE, the Plaintiffs respectfully request that the Preliminary Objections be dismissed. PRELIMINARY OBJECTION IN THE FORM OF PENDENCY OF A PRIOR ACTION 14. Admitted. By way of further answer, while the prior pleading does contain similar factual averments, the causes and forms of actions are distinguishable. WHEREFORE, the Plaintiffs respectfully request that the Preliminary Objections be dismissed. Respectfully submitted, KILLIAN & GEPHART .~--- Join D. K Esqu re 10 1107080 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Dated: June~, 1996 Attorneys for Plaintiffs P,\home\cllne\rcply.cq 3 VERIFICATION I, MELISSA SHOj:'>E, hereby verify that the facts stated in the attached document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made subject me to the penalties contained in 18 Pa. C.S. ~ 4904, Unsworn Falsification to Authorities. -\"----~~~~-_S\- .::. ~ ~ MELISSA SHOPE Date: June 27, 1996 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been forwarded by first class mail, postage prepaid, this 27th day of June, 1996, to the following: Michael D. Reed, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 James R. Clippinger, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 David E. Lehman, Esq. McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 '., \:,,# '.. ir-: l.': " .". (.II :,. f:: . ., e)' - T. ,... I [i. e., l~\ 'I I ~ ,-.. .' 'f" ) Cl . c., ;J By way of further answer, it is only reasonable that given the nature of the underlying factual scenario involving fraud and self- dealing that a significant amount of time would be necessary in order to fully develop the factual background essential to the proper prosecution of this matter. It was only upon the passing of the Decedent, Hannah Law Groner, and subsequent investigation that the Plaintiffs in this action became fully aware of the extent of the Defendants' misdeeds. 45. Denied as stated. By way of further answer, the Defendants actions removed the subject property from the estate. Therefore, the Plaintiffs were denied the full benefit of their intended share of the estate. The remaining averments constitute a conclusion of law for which no reBponse is required. 46. Neither admitted nor denied. Plaintiffs are without sufficient knowledge upon which to base an answer to the averment contained in this paragraph and, therefore, strict proof of said averment is demanded at trial. 47. Admitted. By way of further answer, while the Plaintiffs may have been offered usage of the property, said offer is an insufficient remedy to the misdeeds perpetrated by the Defendants in this matter. Further, the use of this property, even without charge, does not compensate the Plaintiffs for the loss of their rightful ownership of the subject property nor does it meet the wishes of the Decedent, Hannah Law Groner, as expressed in her Last Will and Testament. 2 48. The averments contained in this paragraph constitute a conclusion of law for which no response is required By way of further answer, the Defendants' expenditures in improving this property are irrelevant to this claim. The underlying factual scenario points to the fraudulent conveyance of this property and the self-dealing of an attorney-in-fact. Such behavior cannot be excused due to a Defendant's subsequent improvement of the property and potential prejudice arising from these improvements. 49. Denied. It is specifically denied that Plaintiffs should repay to the estate sums which were paid as advance distributions, in the amount of Twenty-two Hundred ($2,200.00) Dollars each. By way of further answer, the Plaintiffs are without sufficient knowledge upon which to determine whether the Twenty-two Hundred ($2,200.00) Dollars would cover the expenses of the estate in protecting its interest in this litigation. Further, the averment contained in this paragraph is simply a request for attorneys' fees and said request is not supported by the underlying factual scenario. 50. Neither admitted nor denied. Plaintiffs are without sufficient knowledge upon which to base an answer to the averment contained in this paragraph and, therefore, strict proof of said averment is demanded at trial. 51. Neither admitted nor denied. Plaintiffs are without sufficient knowledge upon which to base an answer to the averment 3 contained in this paragraph and, therefore, strict proof of said averment is demanded at trial. 52. Denied. It is specifically denied that should it be determined, notwithstanding the foregoing averments, that Plaintiffs are entitled to some monetary share interest in the asset represented by the subject property, Plaintiffs should be charged with a proportional share of the responsibility for taxes, operating expenses, improvements and upkeep that have been incurred by Defendants. By way of further answer, Defendants are charged with a breach of a fiduciary duty, fraud, and self-dealing. Such actions, if proven, show a reckless disregard for ethical duties placed on the attorney-in-fact. In which case, the court should not reward the Defendants for their actions by reimbursing said Defendants for the costs of maintaining a property obtained by unlawful and unethical means. 53. Denied. It is specifically denied that should it be determined, notwi thstanding the foregoing averments, that Plaintiffs are entitled to some monetary share interest in the asset represented by the subject property, Plaintiffs should be required to reimburse Defendants for improvements made by Defendant to the subject property. 54. The averments contained in this paragraph constitute a conclusion of law for which no response is required. 55. The averments contained in this paragraph constitute a conclusion of law for which no response is required. 4 VERIFICATION I, MELISSA SHOPE, hereby verify that the facts stated in the attached document are truf.! and correct to the best of my knowledge, information and belief. I understand that any false statements made subject me to the penalties contained in 18 Pa. C.S. ~ 4904, Unsworn Falsification to AuthoritieD. ~,_____~_ '-'>_ ,') \ c Q " MELISSA SHOPE \ Date: June 27, 1996 # .... \. MELISSA G. CLINE AND STEPHEN S. GAUSTAD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-2649 EQUITY JOAN G. MOORE AND S. LAW GRONER, ATTORNEYS-IN-FACT POR HANNAH LAW GRONER, AND EXECUTORS OF THE ESTATE OF HANNAH LAW GRONER I and ROBERT MOORE, Defendants PRAECIPE TO THE PROTHONOTARY, Pursuant to Pa. R.C.P. No 229, please discontinue the above captioned action. Respectfully submitted, KILLIAN & GEPHART Datedl December 24, 1996 kJ&~ ~/- Siii~' Gepna~ Esquire ID #06864 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Attorneys for Plaintiffs ... -' ~ N ... " \:, ih )~ ~.. '''' ?:1 ..:"l -( .~ :-1 ~ 'T :',t9 I. ". -.,1 lJ: \', ,. ',rea I' ' :l- ,:. c: u ,.r) ~'i <.) tJ' f.) -. . '