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Home My WebLink About09-15-10 (2)RE: PETITION BY PAULA M. DECK TO REQUIRE POWER OF ATTORNEY STEVEN M. WICKENHEISER TO FILE AN ACCOUNTING FOR ACCOUNTING PERIOD FROM AUGUST 1, 2008 THROUGH JULY 21, 2009 IN THE COURT OF COMM OPLEAS ~ _ ; CUMBERLAND COUNTY, SYL~ANIA ~-~ -~ rn r,=t7 -o ~_ ~_, ORPHANS' COURT DIVISIC~bI~~ ~ N0.21-2009-0848 ORPHANS~~~PRT ~' - ~ R~ ~-~t -.~ ~ ~..-? ~~ RESPONSE OF PAULA M. DECK TO NEW MATTER OF STEVEN M. WICKENHEISER AND PETITIONER S NEW MATTER AND IvTOW, corncs 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, who and by her attorney, namely, Stephen R. Gibble of Gibble and Honberger, P.C. of 126 East Main Street, Lititz, Pennsylvania, 17543 and files an Answer to the New Matter raised by Steven M. Wickenheiser through his attorney, namely, James J. West, Esquire of James J. West LLC of 105 North Front Street, Suite 205, Harrisburg, Pennsylvania, 17101 and raises additional New Matter as follows: 10. Admitted and Denied. It is admitted that the checks from Pauline M. Wickenheiser's checking account are attached as Respondent's Exhibit "D" for the time period of August 2008 through July of 2009. However, it is denied that those checks are conclusive of anything as $12,500.00 of the checks written were reimbursements or payments to Steven M. Wickenheiser that are unsubstantiated by receipts or not designated for any specific purpose and are therefore inconclusive as to any material fact. PETITIONER'S NEW MATTER 11. Upon review of the copies of the cancelled checks on Pauline H. Wickenheiser's bank account attached in Steven M. Wickenheiser's Exhibit "D" from the period August 2008 through July of 2009, it appears that the checks were prepared in a handwriting different from the decedent, Pauline H. Wickenheiser. Additionally, the amount of checks from August 2008 through July 2009 made payable to Steven M. Wickenheiser totaled $12,500.00 (Exhibit "A") attached hereto and incorporated herein, and most of them did not delineate a reason or purpose for the check amount written while others were allegedly written for reimbursement of expenses paid by Steven M. Wickenheiser. 12. Petitioner believes and therefore avers that the checks totaling $12,500.00 were prepared by Steven M. Wickenheiser and were prepared for Pauline H. Wickenheiser's signature. 13. Petitioner also believes and therefore avers that of the $12,500.00 paid to Steven M. Wickenheiser by Pauline H. Wickenheiser during the period of August 2008 through July 2009 that $4,000.00 was for undelineated and unspecified reasons, $5,000.00 was for expenses alleged to be reimbursed to Steven M. Wickenheiser for expenses incurred on Pauline H. Wickheiser's behalf while Pauline H. Wickenheiser was afull-time patient of Country Meadows Nursing Home, and $5,000.00 was paid to Steven M. Wickenheiser in the months of September and October of 2008. 14. Petitioner believes and therefore avers that any expenses, costs or fees that were reimbursable by Pauline H. Wickenheiser to Steven M. Wickenheiser should be such that Steven M. Wickenheiser should be able to produce receipts for said amounts that he, Steven M. Wickenheiser, paid on Pauline H. Wickenheiser's behalf so as to justify the substantial reimbursement payments and that if the same cannot be produced that said sums may have been wrongfully paid. 15. Upon review of the copies of the cancelled checks on Pauline H. Wickenheiser's bank account it is noted that of the fourteen (14) checks signed by Mrs. Wickenheiser to Steven M. Wickenheiser four (4) are out of order as to number and date written. Petitioner believes and therefore avers that Pauline H. Wickenheiser may have signed a large amount of blank checks which then may have been filled out later on by Steven M. Wickenheiser thereby causing the nonproper order as to check numbers and dates. NOW, THEREFORE, Petitioner re-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 an agent of Pauline H. Wickenheiser during the period of August 1, 2008 through July 21, 2009, and additionally, that he further be directed to provide receipts for Steven M. Wickenheiser's payments and purchases on behalf of Pauline H. Wickenheiser that required reimbursement by Pauline H. Wickenheiser to Steven M. Wickenheiser as shown in Respondent, Steven M. Wickenheiser's Exhibit "D", as the same would be and is in the best interest of the Estate of Pauline H. Wickenheiser. ctfull submitted, M. D~ck, Petitioner by R. GibbTe, Esquire ttorne for Paula M. Deck d Honberger, P.C. 126 East Main Street Lititz, PA 17543 (717) 626-7778 Atty ID No. 37363 Copies to: Shawn Pierson, Esquire Michael D. Wickenheiser Steven M. Wickenheiser c/o James J. West, Esquire James J. West LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 (717) 234-7517-Fax JWest@westlaw.com Checks Payable to Steven Wickenheiser In order of Date of Check Date Check No. Amount Description 08/15/08 2718 $ 500.00 Medicine 08/29/08 2720 500.00 Rent 09/26/08 2729 1,000.00 10/05/08 2725 1,000.00 Home expenses 10/10/08 2728 500.00 10/17/08 2735 1,500.00 Painting costs 10/30/08 2740 1,000.00 11/15/08 2739 1,000.00 12/06/08 2744 500.00 02/15/09 2759 1,000.00 TV -items for Country Meadows 04/17/09 2754 2,000.00 Fees/March/April/Expenses 05/13/09 2760 1,000.00 Clothes 06/02/09 2762 500.00 June expenses 07/20/09 2767 500.00 Phone -Doctor's (visits) expenses TOTAL: $12,500.00 EXHIBIT "A" RE: PETITION BY PAULA M. DECK TO REQUIRE POWER OF ATTORNEY STEVEN M. WICKENHEISER TO FILE AN ACCOUNTING FOR ACCOUNTING PERIOD FROM AUGUST 1, 2008 THROUGH JULY 21, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-2009-0848 ORPHANS' COURT VERIFICATION I, Paula M. Deck, hereby verify that the averments in this Response of Paula M. Deck to New Matter of Steven M. Wickenheiser and Petitioner's New Matter 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. ~CZ,G(~r% yYI Paula M. Deck, Petitioner RE: PETITION BY PAULA M. DECK TO REQUIRE POWER OF ATTORNEY STEVEN M. WICKENHEISER TO FILE AN ACCOUNTING FOR ACCOUNTING PERIOD FROM AUGUST 1, 2008 THROUGH JULY 21, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-2009-0848 ORPHANS' COURT CERTIFICATE OF NOTICE I hereby certify that on this 14`h day of September 2010, a true and correct copy of the Response of Paula M. Deck to New Matter of Steven M. Wickenheiser and Petitioner's New Matter was sent in a manner that satisfies the Cumberland County Orphans' Court Rule 6.10-1, upon the following parties, by depositing same in the United States Mail, First Class postage prepaid, and addressed as follows: Shawn Pierson, Esquire 105 East Oregon Road Lititz, PA 17543 Michael D. Wickenheiser 1313 Willow Creek Drive Mount Joy, PA 17552 Steven M. Wickenheiser c/o James J. West, Esquire James J. West LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 submitted, ;k. Petitioner By: phe .Gibble, Esquire for Paula M. Deck Gibble and Honberger, P.C. 126 East Main Street Lititz, PA 17543 (717) 626-7778 Attorney ID No. 37363