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HomeMy WebLinkAbout12-08-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION ESTATE OF MARY E. BURDGE, DECEASED NO. 2008-00305 ANSWER TO APPEAL OF PENNSYLVANIA INHERITANCE TAX DETERMINATION TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 7th day of December, 2009, comes the Commonwe alth of Pennsylvania, Department of Revenue, through its Office o f Chief Counsel and by its Senior. Counsel, Lora A. Kulick, and respect fully responds to this Petition as follow s: 1. Paragraph one is admitted. 2. Paragraph two is admitted. 3. Paragraph three is admitted. n ~ 4. Paragraph four is admitted. ~ _ `° -,c~:a ,.. ~, 5 . Paragraph f ive is admitted . ~ ~•~ ~ t --~ ~ _:~ C",'7 6 . Paragraph six is admitted. ~, ~-~~ -v ~~-; `., 7 . Paragraph seven is admitted. i~',.~ tv '~~-~ `~'~' cn -~, 8. Paragraph eight is admitted. 9. Paragraph nine is admitted. 10. Paragraph ten is admitted. 11. Paragraph eleven is admitted. 12. Paragraph twelve is admitted. 13 .. Paragraph thirteen is denied. Paragraph thirteen contains a conclusion of law to which no responsive pleading is required under the Pa. R.C.P. and the same therefor e is denied. _.~ U/V 14. Paragraph fourteen is admitted. 15. Paragraph fifteen is admitted. 16. Paragraph sixteen is denied. The Department is without knowledge or information sufficient to form a belief as to whether administration of the Estate is not expected to be completed for at least another year or whether the Estate will file a final account for adjudication by the Court. If material, specific proof is demanded. 17. Paragraph seventeen is admitted. WHEREFORE, the Commonwealth of Pennsylvania, Department of Revenue respectfully requests that this Court deny Petitioner's request and sustain the Department's Notice in its entirety. Respectfully submitted by, ... ,..~-~ ~.,.. Lora Ku ' ~~k Attorney for Respondent PA Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128-1061 Attorney I.D. No. 69436 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN The undersigned, being duly sworn according to law, deposes and says that he is the Chief of the Inheritance Tax Division of the Bureau of Individual Taxes for the Commonwealth of Pennsylvania, Department of Revenue, that he is authorized to make this affidavit on its behalf, and that the averments of the foregoing are true and correct t~o the best of his knowledge, information and belief . aul Dibert Sworn t and Subscribed before me this day of 2009 otary Public My Commission Expires: COi 1N10'~1WEkL~H or PENNSYLVANIA Notarial Seal Sue E. Hetrick, Notary Punic City Of Harrisburg, Dauphin County My Commission Expires Apr. 10, 2010 Member, Per~nsYh~ania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION ESTATE OF MARY E. BURDGE,: DECEASED NO. 2008-00305 CERTIFICATE OF SERVICE I hereby certify that I am thi s 7th day of December, 2 0 0 9 , serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of Pa. Orphans' Court Rule 5: SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Robert R. Church, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 ~; ~ s ~~ ~~ Y ~ 1 Lora A'. Kulick Attorney for Respondent PA Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128-1061 Attorney I.D. No. 69436