HomeMy WebLinkAbout03-28-07
MICHAEL L. BANGS, ESQUIRE
I.D. NO. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
INRE:
ATTORNEY FOR RESPONDENT
ESTATE OF HOWARD L. KAUTZ,
Deceased
)
)
)
)
)
)
)
IN THE COURT OF COM~ PLEAs
OF CUMBERLAND COuNT~, _ .- ~
r- ( ) :..:G
PENNSYLVANIA c ~:; f71 h)
--. "~ ~~:; f:~ co
ORPHANS' COURT DIVISI~(~~~
-~~~
-tJ
NO. 21-06-173
o
RESPONSE OF MARILYN E. KAUTZ, EXECUTRIX, TO PETITION
TO RECONSIDER OBJECTIONS OF SONJA L. BRUNNER AND JEFFREY D. APGAR
AND NOW comes the Executrix, Marilyn E. Kautz, by and through her counsel Michael
L. Bangs, Esquire, and in response to the Rule to Show Cause dated March 21, 2007, which was
issued pursuant to the Petition to Reconsider, the Executrix responds as follows:
1. Notice was sent out to Petitioners, a copy of which is attached as Exhibit A on the
Petition to Reconsider. In addition to this notice, a copy was sent to Petitioner's counsel along
with an additional letter dated February 1, 2007, which is attached hereto and marked as Exhibit
A. These additional notices to Petitioners' counsel are not required under either the
Pennsylvania Orphans' Court Rules or the Cumberland County Orphans' Court Rules but were
sent to alert Petitioners' counsel of the filing and provide Petitioners' counsel with all the
relevant information to make a determination as to whether or not Objections should be filed.
These notices were sent out to Petitioners and their counsel along with the First and Final
Account in excess of thirty (30) days prior to the date for confirmation which occurred on March
6, 2007.
2. The notice sent to Petitioners and their counsel did not contain the exact time for the
confirmation of the First and Final Account. The notice, however, fully and completely
1
~1.,
complied with Rule 6.3-1 of the Cumberland County Orphans' Court Rules and Section 3503 of
the PEF Code. Moreover, Rule 6.10-1 of the Cumberland County Orphans' Court Rules
specifically indicates that Objections needed to be filed in writing not later than 9:00 a.m. of the
date fixed for the confirmation. It was incumbent upon Petitioners and their counsel to read the
local rules of court so that they would be aware of the timelines in which the written Objections
were to be filed.
3. Respondent assumes that the document attached to the Petition is true and correct and
that the Objections were filed at 9:56 a.m. on March 6,2007, to the extent that that is relevant.
The fact remains that the Petitioners and their counsel were advised of the filing of the First and
Final Account and had it in their possession for well over a month prior to March 6, 2007, the
date of the confirmation. Additionally, Petitioners' counsel requested and received under cover
letter dated February 13, 2007, additional information requested by Petitioners' counsel
including a copy of the inheritance tax return and copies of documents related to non-probate
property, even though not required to do so. Petitioners and their counsel had all relevant
information necessary to file Objections to the First and Final Account far in advance of the
confirmation date.
4. The Petitioners and their counsel as indicated had the First and Final Account in their
possession well over a month in advance of the date of the confirmation of the Account on
March 6, 2007, and had follow up information concerning the estate several weeks prior to the
confirmation of the Account. Petitioners or their counsel should have checked the local rules to
determine that it would be prudent to file Objections prior to the date of confirmation but instead,
they waited until that date to file the Objections. It is not because of any deficiencies related to
2
the notice by the Executrix that caused them to miss the deadline; rather it was caused by their
own delay in filing the Objections in accordance with the Cumberland County Orphans' Court
Rules.
5. Respondent will be prejudiced by allowing the untimely filing of the Objections in
that it will delay the resolution of this estate which has been ongoing since the death of the
decedent on February 3,2006. Petitioners should not be excused for their failure to file
documents in a timely manner and in accordance with the Cumberland County Orphans' Court
Rules.
WHEREFORE, Respondent requests that the Petition for Reconsideration be denied and
that the Order of March 8, 2007 striking Petitioners' Objections be confirmed.
MIC EL L. BANGS
Attorney for Respondent
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing document by depositing a
copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania,
addressed to the following:
Susan S. Becker, Esquire
200 North Third Street, 18th Floor
Post Office Box 840
Harrisburg, PA 17108-0840
DATE: 2JW01
4
BANGS I:AW OFFICE
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
E-mail: mikebanea@verizon.net
PHONE: 717-730-7310
J?AJ{: 717-730-7374
MICHAEL L. BANGS, Attorney-at-Law
WENDY K. STRAUB, Paralegal
WILLIAM E. MILLER, JR.
Of Counsel
February 1,2007
I~r~::-:-:-I
IW~-=:Jl
~'~,.
Suzanne S. Becker, Esquire
Nauman Smith Shissler & Hall
200 North Third Street
Harrisburg, P A 17101
RE: Estate of Howard L. Kautz
Dear Ms. Becker:
We have filed the First and Final Account. I have sent the enclosed letters with the First and Final
Account directly to Sonja and Jeffrey as is required under the PEF Code. I am providing you with a
copy of the First and Final Account and copies of the letters I have sent out.
If you have any questions, please let me know.
Assuming that there are no Objections and the First and Final Account is confirmed on March 6,
2007, we will be in a position to disburse the funds following the expiration of twenty days after the
confirmation. This is the appeal period that runs following the confirmation. Therefore, the
distribution should be made some time at the end of March.
Please feel free to contact me if you have any questions.
Very truly yours,
Michael L. Bangs
wks
Enclosure
cc: Ms. Marilyn E. Kautz