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HomeMy WebLinkAbout10-26-10~. ~ ~ 3 OCT 212010 Hubert X. Gilroy, Esquire MARTSON DEARDQRFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Denise M. Thomas (Kennedy) N c~ r-- _ - ESTATE OF WILLIAM R. KENNEDY, BEFORE THE REGISTER OF DECEASED CUMBERLAND COUNTY, P] NO. 21-10-0067 ORDER 01• ' "cn i ~~ c> c_~ c ~, -~ -; a ANNA rv w w c~ And now this I`~ ~ day of October, 2010, upon consideration of the attached Petition, it is ordered and directed as follows: _, ~_: } <,~ 1. The Executor of the Estate of William R. Kennedy is directed to file an inventory within 30 days from the date of this order and produce a copy of the filed inventory to the attorney for Petitioner Denise M. Thomas. 2. Within 30 days from the entry of this order, the Executor is to furnish the attorney for Denise M. Thomas with a list of all debts of the Estate of William R. Kennedy that the Executor is aware of. 3. Within 30 days from date the Executor files the inventory required under paragraph ~___ 1 above and produces information concerning expenses of the estate as required under paragraph 2 above, Denise R. Thomas shall sit for a deposition in this case. Although, this requirement shall be rescinded in the event Denise M. Thomas files necessary documentation to withdraw her elec ' against t will which she has filed in the above matter. cc: Hubert X. Gilroy, Esquire Wayne F. Shade, Esquire P:1Fll,88\CGenn113887 77mmuV 3887.1.Pet6ion Revised: IO/21/10 9:44AM OCT 212010 ~° r- N .~ T C/~ ~'. Hubert X. Gilroy, Esquire c~ c7 ~~ -o MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ;-' ~ ~' ~ MARTSON LAW OFFICES ' ~', ^••' LD. 29943 a w 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Denise M. Thomas (Kennedy) ESTATE OF WILLIAM R. KENNEDY, BEFORE THE REGISTER OF WILLS OF DECEASED CUMBERLAND COUNTY, PENNSYLVANIA N0.21-10-0067 Petitioner, Denise M. Thomas (formerly Kennedy),by her attorneys, Martson Law Office, sets forth the following: 1. Petitioner, Denise M. Thomas (formerly Kennedy) is an adult individual who is residing at 351 York Road, Cazlisle, PA 17013. 2. Respondent is Wayne F. Shade, Esquire, (Executor) with a business address of 53 West High Street, Carlisle, PA 17013, and is named as a party in this matter in his capacity as Executor of the Last Will and Testament of William R. Kennedy. 3. William R. Kennedy (Decedent) died on December 20, 2009. 4. Letters testamentary in the Estate of William R. Kennedy were granted to Attorney Shade by the Register of Wills of Cumberland County, Pennsylvania, on Mazch 8, 2010, at the above docket number. 5. The Last Will and Testament of William R. Kennedy disposed of his entire estate to his daughter. 6. In her capacity as a surviving spouse, the Petitioner filed an election to take against the will on Mazch 4, 2010. ,_, =~ r; 1. 1~ --~:= `:T; .-~ c% 7. On July 30, 2010, the Executor filed a Petition for Declaratory Judgment seeking various relief including a suggestion that the Petitioner forfeited her rights to elect against the will, suggesting that the Petitioner disclaimed her interest in various real estate and other property, and suggesting that this court should get involved in some type of property division between the parties. 8. At the time of the death of William R. Kennedy, Petitioner and William R. Kennedy were involved in a divorce action at Docket Number 2007-3072 in Cumberland County, Pennsylvania. 9. The undersigned counsel became involved in this case on or about May 27, 2010. 10. Ever since the undersigned counsel has been involved in this case, consistent requests have been submitted to the Executor verbally, in letter form and in email form suggesting that the Executor needs to file an inventory in this estate. 11. Petitioner has expressed to the Executor through her attorney that once she sees an inventory of the estate she will be able to determine whether it is financially appropriate for her to pursue a claim of the election against the will. Additionally, Petitioner has suggested that once she sees an inventory there would be the ability of both sides to reasonably attempt amicable settlement negotiations in this matter. 12. Despite repeated requests by the Petitioner through her attorney, the Executor has refused to file an inventory. 13. The Executor has repeatedly requested the Petitioner to sit for a deposition on matters relating to the Petition for Declaratory Judgment filed by the Executor. 14. Judicial economy and common sense suggest that the Petitioner have the benefit of knowing what is in the estate of the Decedent so that the Petitioner can determine whether it is appropriate to proceed with her election against the will. Additionally, without the Executor outlining the inventory of the estate and advising the Petitioner of any debts of the estate, the parties simply are not in a position to have any type of settlement negotiations. 15. Despite the amicable position advanced by the Petitioner, the Executor has refused settlement negotiations, has refused to file an inventory, and has refused to provide Petitioner with information concerning debts of the estate. 16. Pennsylvania Law at 20 PA. C.S.A. Section 3301(c) provides for the following: (c) Time for filling.-The personal representative shall file his inventory no later than the date he files his account or the due date, including any extension, for the filing of the inheritance tax return for the estate, whichever is eazlier. Any party in interest in the estate may request the filing of an inventory at an eazlier date by writing delivered to the personal representative or his attorney in which event an inventory shall be filed within three months after the appointment of the personal representative or within 30 days after the request, whichever is later. The court, upon cause shown, may direct the filing of an inventory at any time. 17. On May 27, 2010, Petitioner's counsel requested that the Executor file an inventory in accordance 20 PA. C.S.A. Section 3301(c). A copy of a letter from the undersigned to the Executor dated May 27, 2010 is attached hereto and marked Exhibit `A'. 18. The Executor is in violation of 20 PA. C.S.A. Section 3301(c) for failing to file an inventory. Additionally, the Executor is in violation of Section 72 P.S. 9136 for failing to file a Pennsylvania Inheritance Tax Return which would disclose debts of the estate. 19. Petitioner is willing to sit for a deposition in this matter once she is provided with information concerning the assets and debts of the estate of the Decedent. 20. The undesigned counsel contacted the Executor and understands the Executor does not concur in this motion. The undersigned counsel believes the Executor is representing himself in this matter in that the Executor himself is an individual licensed to practice law in the Commonwealth of Pennsylvania. 21. The Honorable Kevin A. Hess has previously been involved in this matter in that he has ruled on discovery motions and other matters relating the divorce action mentioned above. WHEREFORE, Petitioner requests the following: A. A direction that the Executor file an inventory of the above estate pursuant to 20 PA. C.S.A. Section 3301(c). B. A direction that the Executor advise Petitioner's counsel in writing of all known debts or obligations of this estate. C. Direct that the Petitioner sit for a deposition in this matter within 30 days of when the Executor provides the information outlined in paragraphs A and B above unless the Petitioner withdraws her election against the will within said 30 day time frame. Dated: October ~, 2010 Respectfully Submitted, MARTSON LAW Hubert X. Gilroy, Esq~ MARTSON LAW OF' 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorney for Petitioner MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, )'ENNSYi.VANIA ] 7013 TELEPHONE (71'~ 243-3341 FACCiAmF ~71~243-1850 INTERNET ~'wn13iCSOIlI3W.CO[ri May 27, 20] 0 VIA FACSIMILE (717) 249-0017 Wayne F. Shade, Esquire 53 West Pomfret Street Cazlisle, PA 17013 RE: Estate of William R. Kennedy Our File No. 13887 Dear Wayne: ~li iTAM F. MARTSON JOHN B. FowLEa III DANIEL K DEAxooRPF TtIOMAS J. wuraAMS* No V. OTro III HUBER7 K GII.ROY GEORGE B. FALLER JR.* DAVID A. Fnzsmiotvs CHRLSCOPHER E. RtcE JENNIFER I,. SPEARS VSE~TH T. MOSEBEY av1TTE J. MAxwEU, R. C. VANLANnuacxAM `Boun Cacrv,eo Cm~ Thin Seecuwrr Denise M. Thomas has retained our office with respect to the Estate of William R. Kennedy. I am currently reviewing the file after which I will be in touch with you. However, I can tell you at this time that we disagree. with your suggestion in your May 11, 20101etter that the election against the will constitutes a disclaimer of her interest in the real estate which was jointly owned entireties property. Mrs. Kennedy is the sole owner of the property at this pluticulaz time. Your suggestion that you have authority as executor of the estate to enter the property at any time is simply incorrect under the current circumstances of this situation. If you forward to me a listing of estate assets and their values, that information will help in determining the opportunity to amicably resolve issues in this case. Please accept this letter as a request that you file an inventory within thirty days pursuant to 20 Pa.C.S.A. Section 3301(C). Also, please accept this letter as notice that Mrs. Thomas may elect under 20 Pa.C.S.A. Section 2204(C) to retain her beneficial interest in the real estate and chazge against the elective share. That decision will be made after your filing of an inventory as requested above and prior to the Court conducting any hearing on the matter as required pursuant to 20 Pa C.S.A. Section 2211. Based upon my recent entry in the case and my position to you as set forth above with respect to your lack of ability to gain access to the real estate, I will assume that you will take no action to go on the property until you and I have reached an agreement on that matter or you have obtained an Order of Court. If you do not agree with this assumption and you or any estate representatives I N P O R M A T I O N • ADVICE • ADVOCACY srt ' / 1 May 27, 2010 Page 2 intend to take any action to go on the real estate in question, please advise me immediately so that I can take appropriate action to insure there are no incidents that may require involvement of the police or otherwise. Very truly yours, MARTSON LAW OFFICES -~ Hubert X. Gilroy HXG/srb cc: Mrs. Denise Thomas F:IFILES~CGmu\1388'! K~ed3A13887.1.w61 INFORMATION • ADVICE • ADVOCACY SM ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: WILLIAM R. KENNEDY CUMBERLAND COUNTY PENNSYLVANIA NO. 10-0067 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 10-26-10 JUDGE'S INITIALS: EEG TIME STAMP DATE: 10-26-10 IN ~~ ORDER SERVICE TO: HUBERT GILROY WAYNE SHADE METHOD OF MAILING: ENVELOPES PROVIDED BY• ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 10/27/10 ® 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 eputy Clerk of Orphans' Court