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HomeMy WebLinkAbout96-0515IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF KENNETH J. KEGRIS CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-96-0515 ..~ y <7 ~ ~: ,. i _, Yk. :~ ~~ ' PETITION FOR RULE TO SHOW CAUSE _ `.~ ~;' __ WHY COUNSEL OF RECORD = ~ ~ ~~' SHOULD NOT BE PERMITTED TO WITHDRA1~1// ~~~ ~' --r h,5 [,3 AND NOW, comes the undersigned, JAMES D. FLOWER, `7R. and` avers the following: 1. The undersigned prepared the Will of KENNETH J. KEGRIS, of 16 Hope Terrace, Carlisle, Cumberland County, Pennsylvania, who died on March 20, 1996. 2. On July 3, 1996, the Will was probated and Letters Testamentary were granted to decedent's widow, JEAN M. KEGRIS, and KENNETH K. KEGRIS. 3. The undersigned was prepared to act as counsel for the Estate and to assist the Executors in administering the Estate. 4. Prior to January 9, 1997, the undersigned met with JEAN M. SAIDIS;, FI~WER Sz LIlVDSA~.' nTroxn~xs•nr•uw 26 Wes[ High Street Carlisle, PA KEGRIS, and discussed the documentation necessary to process the Estate and the tax liability of the Estate for inheritance tax to be paid to the Pennsylvania Department of Revenue. At that time, JEAN M. KEGRIS declined to take the undersigned's advice about the tax that was due, and declined to have the undersigned work on the Estate. 5. The undersigned wrote to JEAN M. KEGRIS on January 9, 1997, offering to assist with administration of the Estate, and asking for a prompt response. The letter of January 9, 1997, is attached hereto as Exhibit "A". 6. Prior to December 18, 2002, JEAN M. KEGRIS dropped off Notices from the Department of Revenue, indicating that the Inheritance Tax Return had not been filed. By letter of December 18, 2002, which is attached hereto as Exhibit "B", the undersigned reminded JEAN M. KEGRIS that he had written to her on January 9, 1997, but she had elected not to utilize his services to prepare the Inheritance Tax Return, and noting that he was not given an opportunity to work on the Estate. 7. The undersigned believes that to date the Executors have not filed the Inheritance Tax Return. Without the cooperation of the Executors, the undersigned is without the power to make any progress toward filing the Inheritance Tax Return. WHEREFORE, the undersigned requests that the Court issue a Rule upon the Executors, JEAN M. KEGRIS and KENNETH K. KEGRIS, to show cause why the undersigned should not be permitted to withdraw as counsel of record of the ESTATE OF KENNETH J. KEGRIS. SAIDIS, FLOWER & LINDSAY Attorneys for Defendant SAIDIS;, FIAWER Sz LINDSAY' ~~.~.~W 26 Wesr High Streer Carlisle, PA B ~~~ James Flower, Esquire Attorney ID #27742 26 West High Street Carlisle, PA 17013 Phone: 717-243-6222 VERIFICATION I, JAMES D. FLOWER, JR., hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~ -',7 ~'G ~' ~~ '~ # _~_ James D. Flower, SAIDI~~, FLOWER. Sz LINDSAY ATIURNEYS•AT•IAP~ 26 West High Street Carlisle, PA LAW OFFICES ~ ~ ~ ~ ~ ~ ~ Y FLOWER, MORGENTHAL, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMES D. FLOWER BIETSCH & MORGENT7IAL ROGER M. MORGEN'I'HAl, (717) 243-5513 (1975-1985) JAMES D. FLOWER, JR. FAX: (717) 2R3-6510 CAROL J. LINDSAY FLOWER, KRAMER MORGENTHAL & FLOWER (1985-1992) January 9, 1997 Mrs. Jean M. Kegris 16 Hope Terrace Carlisle, PA 17013 RE: ESTATE OF KENNETH J. KEGRIS Dear Mrs. Kegris: You dropped off for me two notices from the Inheritance Tax Department. One was accepting your Inheritance Tax Return as filed, and the other was noting taxes due on a certificate of deposit which was jointly held between your husband and Kenneth K. Kegris. Since you elected to file the Inheritance Tax Return on your own, rather than utilizing our services to do so, I do not know what the Return contained, and whether it was properly done. It is clear that under the Will the joint account with Kenneth K. Kegris was taxable to the extent of one-half and should have been reported on the Inheritance Tax Return that you filed, and tax should have been paid on it from the residuary estate. Perhaps this was done and this is simply a matter of clearing this up. In any case, if you would like me work on this matter with you, I will need to have a copy of the Inheritance Tax Return to review it. I would suggest that you provide it as promptly as possible so that we can deal with this without delay. I did check the Office of the P:egister of Wills and did not find a return there. You may have been unaware that the F:eturns are to be filed in the Office of the Register of Wills, and that the Register of Wills then forwards the Inheritance Tax Return and the check as agents for the Department of Revenue. Very truly yours, FLOWER, MORGENTT~AL, FLOWER & LINDSAY James D. Flower, Jr. JDFJr:mjm LAW OFFICES SAIDIS, SNUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 JOHN E. SL1KE TELEPHONE: (717) 243-622 -FACSIMILE: (717) 243-6486 ROBERT C. SAIDIS EMAIL: attomev@ssfl-law.com GEOFFREY S. SNUFF www.ssfl-law.com WEST SHORE OFFICE: JAMES D. FL OWER, JR. 2109 ~LIARKET STREET CAROL J. LINDSAY CAMP HILL, PA 17011 KIRK S. SOHONAGE TELEPHONE: (717)737-3405 THOMAS E. FLOWER FACSIMILE: (71?)737-3407 LINDSAY GINGRICH NIACLAY JACLYN NI. SMITH REPLY TO CARLISLE December 18, 2002 ~., ~ ~~~ Mrs. Jean M. Kegris ~ ~~~,. '~'y' ~ 16 Hope Terrace Carlisle PA 17013 RE: THE ESTATE OF KENNETH J, KEGRIS Dear Mrs. Kegris: You brought in a notice from the Department of Revenue indicating the Inheritance Tax Return had not been filed. I pulled the file and reviewed it alld I found that we discussed what needed to be done to file the Inheritance Tax Return, the taxes that you would be required to pay , and you would not authorize us to file the Inheritance Tax Return and pay the taxes . Enclosed is my last communication to you of January 9, 1997. You had dropped off notices from the Department of Revenue and at that time I wrote to you reminding you that you that you had elected to file the Inheritance Tax Return on your own, rather than utilizing our services to do so. I reminded you in that letter it was clear that joint accounts with Kenneth J. Kegris would be taxable to the extend of one-half and these should have been reported in the Inheritance Tax Return which we presumed that your filed. In that letter, we indicated that if you wanted us to help you with this we would need to have a copy of the Inheritance Tax Return to review it and, of course, we would need your full cooperation in working on this. You never dropped off a copy of the Inheritance Tax Return. When I looked in the Office of the Register of Wills I did not find an Inheritance Tax Return there, and I must acknowledge that it is possible that you never did file the return. Ifs you did not file the Inheritance Tax Return, of course, you will be liable for a substantial interest and possibly penalties. Since you have not December 18, 2002 Mr-s. Jean M. Kegris Page II cooperated with us to enable us to have this work done for you, we intend to have petition the Court to allow us to withdraw from the Estate. Very truly yours, SAIDIS, SNUFF, FLOWER & LINDSAY James D. Flower, Jr. JDFJr/ ahg Enclosure IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF KENNETH J. KEGRIS CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-96-0515 RULE TO SHOW CAUSE AND NOW, this t day of ~ v~1 _ , 2008, upon consideration of the Motion of JAMES D. FLOWER, JR. a Rule is issued upon JEAN M. KEGRIS and KENNETH K. KEGRIS, Executors of the ESTATE OF KENNETH J. KEGRIS, to show cause why JAMES D. FLOWER, JR. should not be permitted to withdraw as counsel of record for the ESTATE OF KENNETH J. KEGRIS. ~, v l.~z.. ~ ~Tv ,21~! W f3 L ~ I ~ ~ ~ 3 S T! N ~ s c~ vc ~-c _ BY THE COURT: ` SAIDIS, FZAWER ~ LINDSAY nnotavexsnruw 26 West High Street Carlisle, PA ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ESTATE OF KENNETH J. KEGRIS CUMBERLAND COUNTY PENNSYLVANIA NO. 21-96-0515 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 08/12/08 JUDGE'S INITIALS: JWO TIME STAMP DATE: 08/12/08 IN RE: RULE TO SHOW CAUSE SERV [CE TO: JEAN M KEGRIS KENNETH K KEGRIS JAMES D FLOWER JR ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: ~] USPS ^ RRR [] HAND DELIVERED [] OTHER MAILED: 08/14/08 SERVICE TO: METHOD OF MAILING: [] USPS ^ RRR [] HAND DELIVERED [] OTHER MAILED: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy Clerk of Orphans' Co IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF KENNETH J. KEGRIS CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-96-0515 n _~ MOTION TO MAKE RULE ABSOLUT~~ ~-- ~~ Z' x- ~ ~ ,~~ ~ ~~ -~ b f C T% 1. The undersigned, JAMES D. FLOWER JR., r_~c~-t-t ~ `~ Ped the W#ff KENNETH J. KEGRIS at 16 Hope Terrace, Carlisle, Cumberlane~ County; Pennsylvania who died on March 20, 1996. 2. The undersigned meet with Descendant's widow and Co-Executor, ~IS,~ LINDSAY 26 West High S[rcct Cazlisle, PA JEAN M. KEGRIS and provided advice concerning proper administration of the Estate and payment of tax liability. JEAN M. KEGRIS declined to take the undersigned's advice and declined to have the undersigned work on the case. Copies of letters to JEAN M. KEGRIS were attached to the Rule to Show Cause dated January 9, 1997 and December 18, 2002 requesting cooperation in administration of the Estate. The undersigned sought a Rule to Show Cause why the undersigned should not be permitted to withdraw as counsel of record for the Estate, based upon lack of cooperation of the Executors. 3. A Rule to Show Cause was issued August 12, 2008 by the Honorable J. Wesley Oler, returnable ten (10) days for service, and said Rule to Show Cause was served upon the Executors, JEAN M. KEGRIS and KENNETH K. KEGRIS by the Office of Register of Wills on August 14, 2008. 4. To date, the Executors have not filed a response to the Rule to Show Cause, nor have they contacted the undersigned. WHEREFORE, the undersigned requests that the Court to make the Rule Absolute authorizing the undersigned to withdraw as counsel of record for the ESTATE OF KENNETH J. KEGRIS. SAIDIS, FLOWER ~ LINDSAY Attorney for the Defendants By: ames D. lower, Jr. Attorney I.D. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 ~~RIS ~ LINDSAY 26 West High Street Cazlisle, PA r VERIFICATION t, JAMES D. FLOWER, JR., hereby verify that the facts set forth in the I.11VD~SAY~ 26 Wesr High Street Carlisle, PA C.S.A. Section 4904 relating to unsworn falsification to authorities. foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. Date: Ci ~ ~~ James D. Flower, Jr. IN RE: ESTATE OF KENNETH J. KEGRIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-96-0515 ORDER OF COURT SAIDIS, FIAWER Sz LINDSAY 26 West High Street Carlisle, PA AND NOW, this ~~ day of ~~„ ~ ~ 2010, upon consideration of the Motion for Rule to Show Cause why JAMES D. FLOWER, JR. !~ should not be permitted to withdraw as counsel of record from the ESTATE OF ~, KENNETH J. KEGRIS, and consideration of the Rule to Show Cause filed on August 12, 2008 and served on the Executors of the Estate by the Register of Wills on August i ~~~ ~~' 14, 2008, and JEAN M. KEGRIS and KENNETH K. KEGRIS, Executors of the ESTATE OF KENNETH J. KEGRIS have failed to answer the Rule to Show Cause, the Rule is made Absolute and JAMES D. FLOWER, JR. shall be permitted to withdraw as counsel of record for the ESTATE OF KENNETH K. KEGRIS. cc: James D. Flower, Jr., Esquire Counsel of Record for the Estate Jean M. Kegris, Executor of the Estate Kenneth K. Kegris, Executor of the Estate c7 ~ _ ^ ~ '_~ -`'~ ~' ~ ~~ ~ --~ ~~ r~ r ~ ~ _ ~ E '3 «~ ~"' l _ _ ~ . C. ~1 ,,. ~ - y -- . . _ ^'t ...'~ .. '~, ~ ~ \.,.J .. A ~ , _~ ~ ~, BY THE COURT. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: KENNETH J KEGRIS CUMBERLAND COUNTY PENNSYLVANIA NO. 21-96-0515 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: O 1-19-10 JUDGE'S INITIALS: JWO TIME STAMP DATE: 01-20-10 IN RE: - ORDER OF COURT SERVICE TO: JAMES D FLOWER JR JEAN M KEGRIS KENNETH K KEGRIS METHOD OF MAILING: ® USPS:, ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: O 1-20-10 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Depu Clerk of Orphans' Court IN RE: ESTATE OF KENNETH J. KEGRIS PRAECIPE t, t _' t ..' i, SAIDIS, FLOWER Sz LINDSAY 26 West High Street Carlisle, PA The undersigned hereby withdraws as counsel for the ESTATE OF KENNETH J. KEGRIS, consistent with the Order of the Honorable J. W. Oler of January 19, 2010, making the Rule to Show Cause Absolute and authorizing such withdrawal. IN THE COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO.21-96-0515 SAIDIS, FLOWER & LINDSAY es D. Flower, Attorney I.D. No. 27742 26 West High Street Carlisle, PA 17013 ~ r I: (717) 243-6222 ~ ~~ ~~ ~ .- ~~ 1 {' =~',~~ J tug, 3 =" ~-~- a ~~ ~ 7 ~ C~ d =__7 ~„~