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Home My WebLink About06-15-09IN RE: ESTATE OF ELEANOR HASELHUHN, A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, Petitioner V. MARY ANN MOHR, Respondent ~ WC370364J ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N c~ -,-, ~Q ~ ...0 ~ _4~J '~.:.Z ~ ~ ~ " ORPHANS' COURT DIVISION '. ~? ~ ~ ; ~c~ ~ , I ~ _ yr,/i ~ U"i ~, ~ NO. 1126 Year 2008 `= ^' ` ~? O Type of Pleading: PRELIMINARY OBJECTIONS TO PETITION CITING UNDUE INFLUENCE ON JOINT PROPERTY TRANSFERS AND AMENDMENTS TO ANNUITY BENEFICIARY FORMS Filed on Behalf of: Mary Ann Mohr, Respondent Counsel of record for this party: Daniel P. Johnson PA LD. No. 50930 WII.LIAMS COULSON JOHNSON LLOYD PARKER & TEDESCO, LLC One Gateway Center, 16`h Floor Pittsburgh, PA 15222 (412) 454-0200 djohnson@williamscoulson.com IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, :ORPHANS' COURT DIVISION Petitioner NO. 1126 Year 2008 ~ _.,~ MARY ANN MOHR ~ c ~. ~ ? - ~ ~ , ,, , ; Respondent '~~' '~ , ~; ' -` ~ cn - ._ - c.i, ~ ~ ~~ r_7 ~ W /1 ~ PRELIMINARY OBJECTIONS TO PETITION CITI -- = i- i ~ ° / NG UNDUE INFLL~~CE ON JOINT PROPERTY TRANSFERS AND AMEND ~'' ~ ~. ~ ~ -~, ~ MENTS TO - ANNUITY BENEFICIARY FORMS o . Mary Ann Mohr, Respondent, by her attorneys, Williams Coulson Johnson Lloyd Parker and Tedesco, and pursuant to Supreme Court Orphans' Court Rule 3.1 and Pa. R. Civ. P. 102',8(a), hereby files the following preliminary objections to Petition Citing Undue Influence on Joint Property Transfers and Amendments to Annuity Beneficiary Forms (the "Petition") by Devon Haselhuhn (the "Petitioner") Preliminary Obiection in the Nature of a Motion to Strike Lack of Capacity Petitioner has filed the Petition seeking to recover assets which Petitioner alleges properly belong to the estate of Eleanor Haselhuhn, deceased (the "Estate"). 2. Petitioner is not the personal representative of the Estate. ' Respondent was not served with a citation as required by C.C.O.C.R. 3.3, but has elected not to file a preliminary objection for lack of jurisdiction over the person. If a citation is issued, counsel for Respondent will accept service on her behalf. ~ WC370364.1 ~ 3. The Petitioner lacks the legal capacity to bring an action on behalf of the Estate. 4. The personal representatives of the Estate are Gary E. French, Esquire and Wachovia Bank, N.A. 5. Gary E. French, Esquire served as estate planning counsel for Eleanor Haselhuhn (the "Decedent") during her lifetime. 6. Gary E. French, Esquire, presumably is aware of Decedent's estate planning intentions. Following his review of the Petition, he advised Respondent in an unsolicited e-mail that he believes this lawsuit is without merit. A true and correct copy of the e-mail he sent to Respondent after reviewing the Petition is attached hereto and made a part hereof as Exhibit "A". WHEREFORE, the Respondent respectfully requests that the Court strike and dismiss the Petition with prejudice because the Petitioner lacks standing to seek to bring an action on behalf of the Estate pursuant to Pa. R.C.P. 1028(a)(5). submittted, Daniel P. JAlhns ,Counsel for Respondent, ry Ann Mohr ~ WC370364.1 } Page 1 of 1 Daniel P. Johnson Subject: FW: Devon Petition regarding Joint Assets From: Gary E. French [mailto:gfrench@keeferwood.com] Sent: Tuesday, May 19, 2009 2:47 PM To: Mary Ann Miller Subject: Devon Petition regarding Joint Assets Mary Ann, I was sorry to see that Devon has decided to challenge title to the joint assets that your mother placed in your name. The petition has no merit in my opinion. You will doubtless pass the petition on to your counsel for review and response. One thing that came to my mind that you may also want to pass on to counsel is that AI Kotz has extensive knowledge as to your mother's thinking on many of the financial decisions that she made. It would be important to take AI's deposition early in the process to preserve it for trial, if necessary. You are more familar with AI's health than I am but he may not be in as good health in 6 months as he is today. Gary E. French, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 Phone: (717) 255-8015 Fax: (717) 255-8050 THIS MESSAGE IS INTENDED FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED, AND MAY CONTAIN CONFIDENTIAL INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERRGR, PLEASE NOTIFY ME IMMEDIATELY BY REPLY OR BY TELEPHONE AND IMMEDIATELY DELETE THIS MESSAGE AND ALL OF ITS ATTACHMENTS. To ensure compliance with requirements imposed by the U. S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained in this communication (including any attachment that does not explicitly state otherwise) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication. D 6/10/2009 IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, Petitioner V. MARY ANN MOHR, Respondent ORPHANS' COURT DIVISION NO. 1126 Year 2008 CERTIFICATION OF EXHIBIT I, DANIEL P. JOHNSON, hereby certify, based on knowledge, information and belief, 1:hat the exhibit to the foregoing Preliminary Objections to Petition Citing Undue Influence on Joint Property Transfers and Amendments to Annuity Beneficiary Forms is a true and correct photocopy of the original. 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. Daniel P. n Counsel for Respondent, Ann Mohr ~ WC370364.1 J IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, :ORPHANS' COURT DIVISION Petitioner NO. 1126 Year 2008 V. MARY ANN MOHR, Respondent CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Preliminary Objections to Petition for Citing Undue Influence on Joint Property Transfers and Amendments to Annuity Beneficiary Forms was served on the following by first class mail this 13th day of .Tune, 2009: Neil Warner Yahn, Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Stephanie Kleinfelter, Esquire 635 N. 12 Street, Suite 400 Lemoyne, PA 17043 Daniel P. n Counsel for Respondent, y Ann Mohr ~ WC370364.1 ~ Il`J RE: IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, :ORPHANS' COURT DIVISION Petitioner NO. 1126 Year 2008 V. MARY ANN MOHR, Respondent ORDER OF COURT And now this day of 2009, upon consideration of the Preliminary Objections to Petition Citing Undue Influence on Joint Property Transfers and Amendments to Annuity Beneficiary Forms, filed by Respondent, it is hereby ORDERED that the hearing, set for Thursday, July 9, 2009, shall be postponed until ruling on Respondent's Preliminary Objections and further Order of this Court. It is further ORDERED that argument on the Preliminary Objections shall be held on , 2009, at in Courtroom No. ,Cumberland County Courthouse, Carlisle, Pennsylvania. J. Neill Warner Yahn, Esquire James Smith Dietterick & Connelly, LLP P.O.. Box 650 Hershey, PA 17033 Attorney for Petitioner Stephanie Kleinfelter, Esquire 635 N. 12 Street, Suite 400 Lemoyne, PA 17043 Attorney for Estate Daniel P. Johnson, Esquire Williams Coulson Johnson Lloyd Parker & Tedesco, LLC One Gateway Center, 16th Floor Pittsburgh, PA 15222 Attorney for Respondent