HomeMy WebLinkAbout06-25-08KOPE & ASSOCIATES, LLC
By: Shane B. Kope, Esquire
Attorney I D 92207
4660 Trindle Road, Suite 201
Camp Hill, Pa 17011
(717) 761-7573
sbkope@kopelaw.com
IN RE: ESTATE OF JACK EDWARD
HENRY, Late of the Borough of
New Cumberland, Cumberland County
Pennsylvania, Deceased
Attorney for Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
No. 21-08-0085
NOTICE TO PLEAD
To: Hilda D. Christophel
c/o Edmund G. Myers, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, PA 17043
You are hereby notified to file a written response to the enclosed Answer with
New Matter to Petition for Citation within twenty (20) days from service hereof or a
judgment may be entered against you.
KOPE ~ ASSOCIATES
By:
ane B. Kope, Esq.
Date: June 24, 2008
KOPE & ASSOCIATES, LLC
By: Shane B. Kope, Esquire
Attorney ID 92207
4660 Trindle Road, Suite 201
Camp Hill, Pa 17011
(717) 761-7573
sbkope@kopelaw.com
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Attorney for Respondent
IN RE: ESTATE OF JACK EDWARD : IN THE COURT OF COMMON PLEAS OF
HENRY, Late of the Borough of :CUMBERLAND COUNTY, PENNSYLVANIA
New Cumberland, Cumberland County
Pennsylvania, Deceased :ORPHAN'S COURT DIVISION
No. 21-08-0085
ANSWER WITH NEW MATTER TO PETITION FOR CITATION
AND NOW comes the Respondent, Minerva P. Henry (hereinafter "Respondent"), by
and through her attorney, Shane 6. Kope, Esquire, and files the following Answer and
New Matter to Petitioner's Petition for Citation:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of the averments that M & T Bank
refused to divulge any information to Decedent concerning the M & T account at issue
and, therefore, such allegations are deemed to be denied and strict proof thereof is
demanded. It is also denied that Respondent refused to give Decedent access to the
funds without justification. To the contrary, Respondent was justified in refusing to allow
Decedent access to the funds. Specifically, prior to Decedent's death, the current
Executrix, Hilda D. Christophel, who was aware of the amount of money deposited into
the M & T account on behalf of Decedent, persuaded Decedent to live with her in lieu of
moving to a hospice center located in the Lebanon VA Hospital.' It was immediately
thereafter that Ms. Christophel, along with the Decedent, began to demand access to
the M & T account in order to, according to Ms. Christophel, help with expenses
associated with the care of the Decedent. However, the Decedent received monthly
payments in an amount that far exceeded the amount needed for his care.2 Further,
Ms. Christophel has a history of dishonesty regarding her dealings with Respondent.
By way of explanation, approximately seven (7) years ago, Respondent secured a loan
solely in her name for Petitioner in the amount of $14,000.00 from Capital One Bank.
The Petitioner was to pay this loan back in monthly installments, but made only eight (8)
to ten (10) payments before defaulting on the loan, thereby obligating Respondent to
pay off the remainder of the loan by herself. In addition, on another occasion,
Respondent loaned Petitioner $1,000.00 to pay her taxes, which Petitioner failed to pay
back, as well. Based on the above, Respondent was suspicious of Ms. Christophel's
motives in demanding the full amount of the M & T account; therefore, Respondent
refused to turn over the entire amount of the M & T account to Ms. Christophel, but did
Mr. Henry was diagnosed with terminal cancer. His care was becoming excessively difficult, so Mr. and
Mrs. Henry decided that it was best for him to stay at the hospice center.
2 At least up to that point. The Decedent had lived with the Respondent prior to living with Ms.
Chrsitophel. Accordingly, the Respondent was well aware of the amount of money needed for Decedent's
care.
Page 2 of 5
offer to supplement from this account the amount of Decedent's care that was not
covered by his monthly payments based upon the condition that Ms. Christophel
provided Respondent with a monthly statement that itemized Decedent's expenses. Of
course, Ms. Christophel refused to accept this offer, and continued in her demands for
the full $30,000.00.
6. Admitted in part and denied in part. While it is admitted that Petitioner
demanded that Respondent turn over the funds in the M & T account and that
Respondent refused to do so, it is denied that Respondent's refusal was wrongful. To
the contrary, in addition to the above, the refusal was justified for the following reasons:
(1) after receiving a copy of Decedent's Will, it was discovered that the Will had been
changed to reflect Ms. Christophel as the Executrix of Decedent's estate and one of
only four beneficiaries included in the Will; and (2) Respondent was no longer included
as a beneficiary despite her status as decedent's spouse. A true and correct copy of
this Will is attached hereto at Exhibit "A." Thereafter, Respondent notified Petitioner of
her intent to fife for an elective share of the Decedent's estate and, in an effort to
protect her interest in the estate, offered Petitioner one of the following solutions with
regard to the M & T account:
a. Respondent would provide Petitioner with funds contained in the M & T
account after first removing an amount equal to her elective share of the
estate;
b. Respondent would keep the account intact until the estate was probated,
at which point she would distribute the funds accordingly; or
Page 3 of 5
c. The funds from the M & T account would be held in escrow with an agreed
upon escrow agent until the estate was probated.
Of course, Ms. Christophel refused to accept any of these solutions and continued in
her demands for the full $30,000.00.
7. Denied. After reasonable investigation, Respondent is without knowledge or
information sufficient to form a belief as to the truth of this averment and, therefore,
such allegations are deemed to be denied and strict proof thereof is demanded.
8. Denied. To the contrary, Petitioner is altogether able to prepare an inventory of
Decedent's assets and administer Decedent's estate, as the Respondent provided
Petitioner with current statements of the M & T account, which reflect that the account is
fully intact and gaining interest. The Petitioner does not need unhindered access to
these funds to properly administer the estate, especially in light of the solutions offered
above.
NEW MATTER
9. The Respondent incorporates paragraphs 1 through 8 above as though fully set
forth herein.
10. Respondent has never accessed the M & T account, which is fully intact and
gaining interest. The most recent statements of this account were provided to Petitioner
on May 24, 2008. A true and correct copy of the letter to Petitioner (via her attorney)
that contains these statements is attached hereto at Exhibit "B."
11. Respondent filed for an elective share on June 24, 2008. A true and correct of
this Election is attached hereto at Exhibit "C."
Page 4 of 5
12. It is believed and therefore averred that Hilda D. Chrsitophel, the Executrix of the
above estate, will misappropriate the funds from the M & T account so that
Respondent's elective share of these funds will not be available for distribution.3
Respectfully Submitted,
KOPE AND ASSOCIATES, LLC
_______~
. -- .
SHANE B. KOPE, ESQ.
Date: June 24, 2008
s The Petitioner was overheard making comments that certain named beneficiaries of Decedent's estate
will not receive their share of said estate.
Page 5 of 5
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Last Will and Testament,rf =r ; `,~;~~;-
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OF
JACK E. HENRY
I, JACK E. HENRY, of 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 and making void any and all Wills or
Codicils at any time heretofore made by me.
ARTICLE I
DEBTS
I direct the payment of all my legal debts, and the expenses of my last illness and funeral
from my Estate as soon after my death as conveniently may be done.
ARTICLE II
TANGIBLE PERSONAL PROPERTY
I give and bequeath my household goods, personal effects and other tangible personalty of
like nature, unto those of my children, HILDA D. CHRISTOPHEL, MICHELLE L.
NOVOSEL, JOHN P. HENRY and PATRICIA HENRY, who survive me, to be divided among
them in as nearly equal shares as is practicable. Should there be a dispute as to the disposition of
any item or items, I direct that my Personal Representative shall make the final determination as to
disposition of such item or items.
EXHIBIT
ARTICLE III
REST, RESIDUE AND REMAINDER
I give, devise and bequeath all the rest, residue, and remainder of my Estate, of whatsoever
nature and wheresoever situate, in equal shares unto my children, HILDA D. CHRISTOPHEL,
MICHELLE L. NOVOSEL, JOHN P. HENRY and PATRICIA HENRY, provided that should
any child predecease me, I give, devise and bequeath such deceased child's share unto his or her
then-living issues, per stirpes.
I intentionally include no provision for distribution of my Estate or any part thereof unto my
wife, Minerva P. Henry, since she has, at the time of the preparation of this Will, willfully neglected
and refused to perform her duties to support me and has willfully deserted me.
ARTICLE IV
DISTRIBUTION TO BENEFICIARIES UNDER THE AGE OF 25 /
INCAPACITATED BENEFICIARIES
Whenever my Personal Representative is directed to distribute property to or for the benefit
of any beneficiary who is under (a) twenty-five years of age, or (b) a legal disability or otherwise
suffers from an illness or mental or physical disability that would make distribution directly to such
beneficiary inappropriate (as determined in my Personal Represeniative's sole discretion exercised
in good faith), my Personal Representative may distribute such property to the person who has
custody of such beneficiary, may apply such property for the benefit of such beneficiary, may
distribute such property to a custodian for such beneficiary, whether then serving or selected and
appointed by my Personal Representative (including my Personal Representative), under any
2
applicable Uniform Transfers to Minors Act - or Uniform Gifts to Minors Act, or may distribute
such property directly to such beneficiary without liability on the part of my Personal
Representative to see to the application of such property. This provision shall not in any way
operate to suspend such beneficiary's absolute ownership of such property or to prevent the
absolute vesting thereof in such beneficiary.
ARTICLE V
POWERS OF PERSONAL REPRESENTATIVE
My Personal Representative(s) shall have the following powers in addition to those vested
in them by law and by other provisions of my Will applicable to all property, whether principal or
income, including property held for minors, exercisable without court approval and effective until
actual distribution of all property:
A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in
such manner as they may determine.
B. To retain any or all of the assets of my estate, real or personal, without restriction to
investments authorized for Pennsylvania fiduciaries, as they deem proper, without
regard to any principle of diversification or risk.
C. To invest in all forms of property without restriction to investments authorized for
Pennsylvania fiduciaries, as ti'~ey deem proper, without regard to any principle of
diversification or risk.
D. To sell at public or private sale, to exchange, or to lease for any period of time any
real or personal property and to give options for sales, exchanges or leases, for such
prices and upon such terms or conditions as they deem proper.
3
E. To allocate receipts and expenses to principal or income or partly to each as they
from time to time think proper.
F. To compromise any claim or controversy.
G. To make such elections, decisions, concessions and settlements in connection with
all income, estate, inheritance, gift, generation skipping or other tax refunds and the
payment of such taxes without obligation to adjust the distributed share of any
person thereby affected.
ARTICLE VI
APPOINTMENT OF PERSONAL REPRESENTATIVE
I name, constitute and appoint my daughter, HILDA D. CHRISTOPHEL, Executrix of
this my Last Will and Testament. Should my daughter, HILDA D. CHRISTOPHEL, fail to
qualify or cease to so act, I name, constitute and appoint my daughter, MICHELLE L.
NOVOSEL, alternate Executrix to complete the administration of my Estate. I direct that no
fiduciary appointed herein shall be required to post bond for the faithful administration of the duties
required in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, this ~~ day of ~,-~ , ~'~' , 2007.
~ (SEAL)
JA .HENRY
4
Signed, sealed, published and declared by the above-named Testator, as and for his Last
Will and Testament, in the presence of us, who at his request, in his presence and in the presence of
each other, have hereunto subscribed our names as wit~aes"ses.
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AFFIDAVIT AND ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. ss.
We, JACK E. HENRY ~ ~,j~S;~- ~ ~- t~~.~~ V ~ and
G 1~I9? ~~f ~-`i~ ~ ` /7'7 /L`~ ~ ,the Testator and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare
to the undersigned authority that the Testator signed and executed the instrument as his Last Will
and that he had signed willingly and that he executed it as his free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of the
Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at
that time eighteen years of age or older, of sound mind and under no constraint or undue influence.
JAC HENRY
~~~:. I ~ ~.~ ~
Witness
Witness
Subscribed, sworn to and acknowledged before me by JACK E. HENRY, Testator, and
subscribed and sworn to before me by ~'i~L'Ss,~ ~'~L ~- ~;~~'~'`~ ~`, and
:~ S
~~r~u. ti' ~~ t ~t y~i~°~ , •,~vitnesses, this °~-' ~ rday of l-l~.i~^ yti::.:..t~ , 2007.
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Notary Pr is
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Margaret E. Ruff, Notary Public
Lemoyne eoro, Cumbe~iand County
My Cammisslon E~ires May 3f1, 2011
ember, Pennsylvania Assnniatlon of Notaries
Shane B. Kope, Fsq. ^ Jacob M. Jividen, Fsq. ^ Lesley J. Beam, Fsq.
K O P E
ASSOCIATES
LAi4' OFPICII?S 1.1.C
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May 24, 2008
VIA FACSIMILE & FIRST CLASS MAIL
Edmund G. Myers, Esquire
Johnson, Duffie, Stewart & Weidner, i'.C.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
In re: Estate of Jack Henry
Attorney Myers:
As advised in my correspondence dated May 12, 2008, I am enclosing copies of the following:
^ Mrs. Henry's receipt of payment and cancelled check (#149) for the funeral expenses
in the above matter; and
^ A print out of the latest statement from the M & T Bank account that indicates the
status of the $30,000.00 that is currently in dispute.
If you should have any questions or concerns, please do not hesitate to contact me. I look forward
to hearing from you on our latest proposal.
Sincerely,
IATES, LLC
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Shan
c: Lorraine Greene
Minerva Henry
file p
EXH BI j
Smart Representation
rindle Road ^ Suite aoi ^ Camp Hill, PA i7oii
P 717.761.7573 ^ F 7i~.76i.7572 ^ kopelaw.com
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page S of 5
WNERVA P. HENRY 34
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Account History
Fairview '`"'1527
1-800-724-2440 ~ M & T Market Advantage
,.'; Sfmt~, "'; 4Postmg r ~ Descr x ti~on }~'+x, - ~ ~._ ~~ .
Ind~cator'~ Date ~ ~ ~., ~ ~~ t~, . ~ ~ 4~ Withdrawals ~~~:~Deposits ~ ~~~ -, ,
04/18/2008 INTEREST PAYMENT
03/20/2008 INTEREST PAYMENT
$29.82 $30,279.78'
$29.79 $30,249.96
This is not an official statement
05/13/2008 11:32 AM 1
VERIFICATION
I, Minerva P. Henry, the Respondent in this matter, have read the foregoing
Answer with New Matter to the Petition for Citation and verify that my averments
contained therein are true and correct and based upon my personal knowledge. I
understand that any false statements herein are made subject to the penalties of 18 Pa.
C.S. 4904 relating to unsworn falsifications to authorities.
_y
Dated: ~ - ~ ~-i- c~ ~~ ~,
t t ~„
Minerva P. Henry
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, do hereby certify that on June 24, 2008, I served a
true and correct copy of the foregoing Answer with New Matter to the Petition for
Citations via first class mail, postage prepaid, addressed as follows:
Edmund G. Myers, Esquire
Johnson, Duffie, Stewart & Weidner, P.C.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Petitioner
OCIATES, LLC
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Shane ,
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Attorney ID 92207
Attorney for Respondent