HomeMy WebLinkAbout12-20-07
F:IFlLESIClientsI11145111 145.2.resl
Created: 9/20/04 0:06PM
Revised: 12119/07 3:55PM
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George B. Faller, Jr., Esquire
LD. No. 49813
MARTSON DEARDORFF WILLIAMS
OTTO GILROY & FALLER
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Estate of Linwood B. Phillips, Jr.
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INRE:
ESTATE OF LINWOOD B. PHILLIPS, JR.,:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-06-0122
ORPHANS' COURT DIVISION
RESPONSE TO PETITION FOR ESTATE ACCOUNTING
1. After reasonable investigation, the Executor ofthe Estate of Linwood B. Phillips, Jr.,
is without information sufficient to form a belief as to the truth or falsity of these averments.
Therefore, the averments are deemed denied.
2. Admitted.
3. Admitted.
4. Admitted.
5. After reasonable investigation, the Executor ofthe Estate of Linwood B. Phillips, Jr.,
is without information sufficient to form a belief as to the truth or falsity of these averments.
Therefore, the averments are deemed denied. It is also denied that an accounting is warranted or
proper at this time or that Petitioner has standing to request one.
6. The averments of this paragraph are a conclusion of law to which no response is
required.
7. Admitted.
8. After reasonable investigation, the Executor ofthe Estate of Linwood B. Phillips, Jr.,
is without information sufficient to form a belief as to the Petitioner's desires. By way of further
response, if Petitioner had questions concerning the status of assets owned by the Estate and any
alleged inconsistencies in valuation to the Pennsylvania Inheritance Tax Return and sale of certain
real property, her counsel could have simply asked those questions as he has done in the past.
Respondent is not aware of any request for information, financial or otherwise, which has not been
honored. It certainly is not a situation that requires Court intervention.
9. Admitted that an inventory or accounting has not been supplied, however, until the
filing ofthis Petition, it has not been requested. It is admitted that the Respondent, consistent with
his fiduciary obligations, has proceeded with the disposition of various assets including the sale of
certain commercial property. fu fact, the liquidation of assets was necessary for Respondent to fulfill
his obligation under the Last Will and Testament under which he was appointed. One such
obligation consisted in making certain payments to Petitioner totaling over $183,982.00. fu addition
to the cash payments, Respondent has also paid for various expenses regarding maintenance and
upkeep of the property located at 93 Encks Mill Road, where Petitioner is currently residing,
including $17,900.00 for roof repairs. Respondent also has paid estate taxes to the federal
government in the amount of $6 million, and $1,045,000.00 to the Pennsylvania Department of
Revenue.
10. Denied. To the contrary, disposition ofthe Estate's Assets is entirely appropriate and
within the fiduciary responsibilities and legal authority ofthe Executor.
11. The averments of this paragraph are a conclusion of law to which no response is
required. To the extent a response may be deemed required, it is denied that the Court should enter
any Order that would in any way interfere with the Executor's performance of his legal obligations.
WHEREFORE, the Executor requests that the Petition be dismissed.
MARTS ON LAW OFFICES
By
George B. Fall
LD. No. 49813
lO East High Street
Carlisle, P A 17013
(717) 243-3341
Date: December 20, 2007
Attorneys for Estate of Linwood B. Phillips, JI.
VERIFICA nON
The foregoing Response to Petition for Estate Accounting is based upon information which
has been gathered by my counsel in the preparation of the lawsuit. The language of the document
is that of counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
N$j
Robert G. Frey, Executor of the Estate 0 Linwood B.
Phillips, Jr., deceased
FIFILESIClientsI11145111145.2.resl
CERTIFICATE OF SERVICE
I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Response to Petition for Estate Accounting was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Neil W. Yahn, Esquire
P.O. Box 650
Hershey, P A 17033
Counsel for Petitioner
Hubert X. Gilroy, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, P A 17013
Counsel for Linda Stull and
Linwood B. Phillips, III
MARTS ON LAW OFFICES
By:
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Melissa A. Scholly ,
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: December 20, 2007