HomeMy WebLinkAbout12-11-07
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R~CCRD~D OFFICE OF
, ::.; ; CF "'\~l LS
2001 DEe II PH 1: 35
Lawrence J. Neary, Esquire
108-112 Walnut Street
Harrisburg, PA 17101-1609
(717) 238-4798
(717) 238-4793 - Fax
Email: ljnearyesq@aol.com
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HOWARD P. STEAGER,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 21-07-1033 ORPHANS' COURT
H. GLENN STEAGER,
Respondent
ORPHANS' COURT DIVISION
ANSWER
TO
PETITION FOR RULE TO SHOW CAUSE
WHY AGENT SHOULD NOT BE DIRECTED TO FILE AN INVENTORY
AND ACCOUNT FOR PERSONAL PROPERTY OF HIS PRINCIPAL
TAKEN AND RETAINED BY AGENT UNDER CLAIM OF GIFT
AND NOW, comes the Respondent, H. Glenn Steager, by his attorney, Lawrence
J. Neary, Esquire, who respectfully represents as follows:
1. Admitted. By way of further answer, said residence is owned jointly with
Petitioner's spouse, Ida Steager.
2. Admitted. By way of further answer, the Petitioner is married but at all times
relevant hereto has been separated from his spouse, the mother of the Respondent and
Petitioner is also the father of three adult children, one of whom is the Respondent.
3. Admitted.
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4. Admitted. The estrangement between the Petitioner and Respondent began
in 2001, as a result of a dispute involving a property sale.
5. Admitted.
6. Admitted. By way of further answer, the Petitioner was present when the
Power of Attorney was presented to the named financial institutions.
7. Denied. Petitioner was aware of what he had signed and for what purpose
the Power of Attorney was prepared. Also, the Power of Attorney was prepared and
executed without the benefit of counsel by copying off of another person's Power of
Attorney.
8. Denied. All Power of Attorney's were signed by the Petitioner. The
acknowledgment from the copied Power of Attorney was covered over as not being
appropriate.
9. The answer to paragraph 8 is incorporated by reference herein.
10. The answer to paragraph 8 is incorporated by reference herein.
11. Denied. Sandy Smith's legal name is Barbara R. Smith.
12. Admitted. Said removal and transferoffunds was approved by the Petitioner
for planning purposes, at the recommendation of the Home Health Agency, to remove said
funds from being in the Petitioner's name due to resource limits. Attached and marked
Exhibit A is a copy of the Certificate of Deposit in said amount held by the Respondent on
behalf of the Petitioner.
2
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13. Admitted.
14. Admitted. Copies of the Petitioner's bank statements for November 25,2006
through April 2007 have been provided to Petitioner's counsel and they reflect cash
withdrawals or purchases with cash withdrawals as set forth on attached Exhibit B which
funds were provided to the Petitioner as "spending money".
15. Denied. In the Fall of 2006, the Petitioner was convinced that someone was
breaking into his house and stealing coins, guns and money. As a result, the locks were
changed and at said time, the Petitioner gave to the Respondent the strong box which
contained six mint coin packs and loose coins which totaled about $435.00. The one
currency bill which the Petitioner carried in his wallet, is a 1935 issued $2.00 bill which, was
returned to the Petitioner when his wallet was returned to him at his request. There were
no silver certificate dollars.
16. Denied. Said items were gifted to the Respondent and on October 13, 2006,
Petitioner executed a Will whereby the Respondent was the sole beneficiary of his Estate.
By way of further answer, the Respondent retained these items for many months before
the Petitioner demanded their return. A copy of the Petitioner's Will is attached hereto and
marked Exhibit C.
17. Denied. The Respondent has no objection to returning the Petitioner's
Mason watch and said item will be returned to the Petitioner at the scheduled Court date,
unless other arrangements are made.
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18. There is no paragraph 18 in the Petition.
19. Two 1903 rifles and one M-1 rifle were given to the Respondent in the Fall
of 2006 as a gift. Other guns and three military swords were given to the Respondent for
safe keeping and were later returned pursuant to the storage arrangement that had been
made. Said items are identified on attached Exhibit D. There was no other military
memorabilia.
20. Admitted. The answer to paragraph 19 is incorporated by reference herein.
Over the years, the Petitioner has placed certain of his guns for sale and has distributed
guns to various family members such that the Petitioner is not totally aware of the extent
of the guns that remained in his possession and all of the Petitioner's guns with the
exception of the three firearms gifted to the Respondent have been returned.
21. Denied. As reflected above, Petitioner made gifts of limited items to the
Respondent at a time when the Respondent was the sole beneficiary of Petitioner's Will.
22. Admitted. When the Respondent was acting as Power of Attorney for the
Petitioner, the Petitioner's spouse was insisting that all items such as guns, coins and other
memorabilia be sent to auction for sale with the funds to be used for her benefit and for
costs associated with her change of living arrangements. At said time, the Petitioner was
motivated to move things out of his name and ownership to defeat this request.
23. Admitted. The Petitioner has recently signed two cars over to his grandson
and in the past has made gifts to other grandchildren.
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VERIFICATION
I verify that the statements made in the attached Answer to Petition for Rule to
Show Cause Why Agent Should Not Be Directed to File an Inventory and Account for
Personal Property of his Principal taken and retained by Agent Under Claim of Gift
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: 11/1\/ /l')
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H. Glenn Steager
PNC Bank Online Banking
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Certificate Of Deposit XXXXXXX5946
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Balance: $3,76'
_Summary_
[Account Address -___-=-----==---=J
625 MOUNTAIN ST
ENOLA. PA 17025 -1609
EDIT ADDRESS
I CD Infonnation
---~
Maturity Date:
Interest Rate:
Current Balance:
Term:
Issue Date:
08/03/2008
3.50300 %
$3,767.72
12 MONTHS
08/03/2007
I :~rP';ld I to Date ~ r~:?~~~"'~;~~~~;I=~:~Z~Uon~-lint;"': ~e~~=
l~~~~_ ~_.I $0.00___~8/0~2~~~.___"J!~'~~__ ___ ___n_J ~~~_r~~_fr:.c>~is~_~!_~ ____J~~~~~ ~[:)".
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8/9/2007
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LAST WILL AND TESTAMENT
OF
HOWARD P. STEAGER
I, Howard P. Steager, of 411 Reno Avenue, New Cumberland, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby
make, publish and declare this as and for my Last Will and Testament, hereby revoking
any and all prior Wills and all Codicils made by me at any time heretofore.
ITEM 1.
I direct that all my legally valid debts. funeral and administration
expenses, and inheritance and estate taxes incurred on account of my death shall be paid
by my personal representative out of my residuary estate as soon after my death as
practicable.
ITEM 2.
I give, devise and bequeath all the rest, residue and remainder of my
estate, whether real, personal or mixed, including automobiles, together with all insurance
policies thereon, to my son, H. Glenn Steager, provided that my son survives me by thirty
(30) days.
ITEM 3.
No fiduciary acting hereunder shall be required to post bond or enter
security in any jurisdiction.
ITEM 4.
I nominate, constitute and appoint my son, H. Glenn Steager, as
Executor of this, my Last Will and Testament.
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H.P.S.
IN WITNESS WHEREOF, I set my hand and seal to this, my Last Will and
Testament, this 13th day of October, 2006.
.Mi.AN.:u-J.f~
Howard P. St~ag' r
The preceding instrument, consisting of this and one (1) other typewritten pages,
initialed at the bottom of each page for security purposes, was on the date thereof
signed, published and declared by Howard P. Steager, the Testator herein named,
as and for his Last Will and Testament in our presence, who at his request. in his
presence and in the presence of each other, have subscribed our names as
witnesses whereof.
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'Witness:
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COMMONWEALTH OF PENNSYLVANIA
Sworn to and subscribed
before me this 13th day of
October, 2006.
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NOTARtAl SEAl
JENNfFER l KALONICK
Notary PubIc
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My Commission ExpIret Mav 3,2010
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CERTIFICATE OF SERVICE
I, Lawrence J. Neary, Esquire, attorney for the Respondent, hereby certify that I
have on the date shown below served a copy of the foregoing Answer to Petition for Rule
to Show Cause Why Agent Should Not Be Directed to File an Inventory and Account
for Personal Property of his Principal taken and retained by Agent Under Claim of
Gift to the person and in the manner indicated below:
UNITED STATES FIRST CLASS MAil, POSTAGE PREPAID
Thomas E. Flower, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
Date:
1~\~6\61
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