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HomeMy WebLinkAbout08-17-10IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21-2009-0848 PAULINE H. WICKENHEISER RE: PETITION BY PAULA M. DECK TO REQURE POWER OF ATTORNEY STEVEN M. WICKENHEISER TO FILE AN ACCOUNT FOR ACCOUNTING PERIOD FROM AUGUST 1, 2008 THROUGH 3ULY 21, 2009 PETITION c~ __ >' _~o ~~>- ~rn :fi ,>~ -;,-- ~-; =; ;~- ;. '~; --~~ _.~ _v c-~ ~~, -r. -~ N a . ~._, l„) .,, AND NOW COMES, Paula M. Deck of 617 South Broad Street, Lititz, Pennsylvania 17543, who is a beneficiary of and a Co-Executor of the Estate of her late mother, namely, Pauline H. Wickenheiser, through and by her counsel, namely, Stephen R. Gibble, of Gibble and Honberger, P.C., 126 East Main Street, Lititz, Pennsylvania 17543 and files a Petition with this Court requesting This Court to require Steven M. Wickenheiser, her brother, and another beneficiary and Co-Executor of the Estate of Pauline H. Wickenheiser, to file an Account for the period of time in which Steven M. Wickenheiser served as Power of Attorney for Pauline H. Wickenheiser, which Account is Petitioned for the following reasons: Pauline H. Wickenheiser, the decedent in the above Estate, had three (3) children, namely, Steven M. Wickenheiser of 1020 Tunbridge Lane, Mechanicsburg, Pennsylvania 17050; Michael D. Wickenheiser of 1313 Willow Creek Drive, Mount Joy, Pennsylvania 17552; and your Petitioner. 2. During the last year of Pauline H. Wickenheiser's life, Steven M. Wickenheiser served as her Power of Attorney. Steven M. Wickenheiser was the sole Power of Attorney named by Pauline H. Wickenheiser. 3. Pauline H. Wickenheiser had owned a home in the Township of Manheim, County of Lancaster and Commonwealth of Pennsylvania, solely, as her husband, Paul Wickenheiser, had died on August 26, 1998. Mrs. Wickenheiser sold this home on January 30, 2009 to Christopher D. Yates and Linsey L. Yates, husband and wife, for $172,000.00. 4. After Pauline H. Wickenheiser sold her home, she lived at the Country Meadows Nursing Home in Mechnicsburg, Pennsylvania. During this time period, Steven M. Wickenheiser was serving as Mrs. Wickenheiser's Power of Attorney and handling all of Mrs. Wickenheiser's financial matters. 5. At the time of Pauline M. Wickenheiser's death on July 21, 2009, her Estate consisted of a checking account with Susquehanna Bank with a balance of of $40,654.68, a Money Market Account with Susquehanna with a balance of $4,619.28, and a refund from Country Meadows Nursing Home in the amount of $896.78, totaling $46,170.74. 6. Steven M. Wickenheiser, to present date, has not filed an Account with the Estate or to the heirs of the Estate or per se in regard to his duties as Power of Attorney on behalf of Pauline H. Wickenheiser. 7. Petitioner, through her counsel, has on numerous occasions requested financial information of Pauline H. Wickenheiser's finances from Steven M. Wickenheiser, namely, on November 19, 2009, December 11, 2009, January 8, 2010 and January 25, 2010 and Steven M. Wickenheiser has not responded nor has Steven M. Wickenheiser filed an Account or provided any financial information concerning the period of time when he served as Pauline H. Wickenheiser's Power of Attorney. Petitioner has a concern that his actions as Power of Attorney for Pauline H. Wickenheiser need to be reviewed so that it can be determined whether his actions were in the best interest of Pauline H. Wickenheiser, the Estate, the beneficiaries of the Estate, and the Petitioner. 8. 20 Pa.C.S.A. Section 5610 provides "An agent shall file an Account of his administration whenever directed to do so by the Court and may file an Account at any other time." 2 9. Petitioner believes and therefore avers that an Account, to be prepared and filed by the former Power of Attorney for Pauline H. Wickenheiser, namely, Steven M. Wickenheiser, would be in the best interest of the Estate, the beneficiaries of the Estate, the Petitioner and the Commonwealth of Pennsylvania. The benefit to the Commonwealth of Pennsylvania would be that if any amounts are determined by an Account to be retrievable against the Power of Attorney, those amounts would then need to be declared in an amended Inheritance Tax Return where additional Inheritance taxes would then need to be paid to the Commonwealth. NOW, THEREFORE, Petitioner requests this Honorable Court to direct Steven M. Wickenheiser to file an Account with this Court in conformity with Rule 6 of the Orphans' Court Rules of the Commonwealth of Pennsylvania within thirty (30) days as to his administration as agent of Pauline H. Wickenheiser during the period of August 1, 2008 through July 21, 2009 a time period when Steven M. Wickenheiser served as Power of Attorney for Pauline H. Wickenheiser. Respectfully submitted, Paula M. Deck, P~ti~ion ~ `,~ By: ~% Stephen R. `fib quire Attorney fo P .Deck Gibble and Honberger, P.C. 126 East Main Street Lititz, PA 17543 (717) 626-7778 Attorney ID No. 37363 copies to: Shawn Pierson, Esquire 105 East Oregon Road Lititz, PA 17543 Michael D. Wickenheiser 1313 Willow Creek Drive Mount Joy, PA 17552 Steven M. Wickenheiser 1020 Tunbridge Lane Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA RE: ) PETITION BY PAULA M. DECK ) TO REQUIRE POWER OF ATTORNEY ) STEVEN M. WICKENHEISER TO FILE ) AN ACCOUNT FOR ACCOUNTING ) PERIOD AUGUST 1, 2008 THROUGH ) JULY 21, 2009 ) ORPHANS' COURT DIVISION CASE N0.21-2009-0848 VERIFICATION I, Paula M. Deck, hereby verify that the averments in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~//~~ ~ ~ Paula M. Deck, Petitioner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21-2009-0848 PAULINE H. WICKENHEISER RE: PETITION BY PAULA M. DECK ) TO REQUIRE POWER OF ATTORNEY ) STEVEN M. WICKENHEISER TO FILE ) AN ACCOUNT FOR ACCOUNTING ) PERIOD FROM AUGUST 1, 2008 THROUGH ) JULY 21, 2009 ) CERTIFICATE OF NOTICE I, Stephen R. Gibble, Esquire, of Gibble and Honberger, P.C., attorney for Paula M. Deck, due hereby certify that on August 16, 2010, I caused a Notice of a Petition by Paula M. Deck to Require Power of Attorney Steven M. Wickenheiser to File An Account For Accounting Period from August 1, 2008 through July 21, 2009 in a manner that satisfies the Cumberland County Orphans' Court Rule 6.10-1, upon the following parties and in the following manner: 1. Shawn Pierson, Esquire, 105 East Oregon Road, Lititz, Pennsylvania, 17543 Sent by first class mail 2. Michael D. Wickenheiser, 1313 Willow Creek Drive, Mount Joy, PA 17552 Sent by first class mail 3. Steven M. Wickenheiser, 1020 Tunbridge Lane, Mechanicsburg, PA 17050 Sent by first class mail Respectfully submitted, By: Paula M. Deck, Petitioner Stephen R. Gibble, E ire' Attorney for Paula . D Gibble and Honberger, P.C. 126 East Main Street Lititz, PA 17543 (717) 626-7778 Attorney ID No. 37363 ' ~~