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Home My WebLink About12-30-10 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone} 717-697-7065 (Fax) IN RE: ESTATE OF PETER YANDRIC, DECEASED {~ ~v ~ a ~ i"i"i ~ ~.~. ~ ~'~ ~~ ~c- • IN THE COURT OF COMMON:LEAS ~~ CUMBERLAND COUNTY, PENNSYLVA NI~X ORPHANS COURT DIVISION NO. 21-10-1097 PETITION TO STAY TRANSFER OF ESTATE ASSETS AND TO DETERMINE O~-~TNERSHIP OF TRANSFERRED FUNDS IN THE AMOUNT OF $179,853.00 PRIOR TO DECEDENT'S DEATH David P. Yandrich, Executor of the Estate of Peter Yandric, by and through counsel of Andrew C. Sheely, Esquire, hereby petitions this Honorable Court for the entry of a Temporary Order staying the proposed transfer of Estate assets and the scheduling of a hearing to determine ownership of transferred funds from decedent's bank accounts prior to decedent's death, and respectfully states as follows: 1. Jurisdiction is conferred upon this Court to address issues raised herein pursuant to 20 Pa.C.S. Section 711 (17) Title to Personal Property, 20 Pa. C.S. Section 711 (20) Inheritance Tax and Estate Taxes and 20 Pa.C.S. 712 (3). 2. Petitioner is David P. Yandrich (hereinafter "Yandrich"), a nephew of the decedent and the Executor of the Estate of Peter Yandric in the above-referenced Estate. 3. Peter Yandric (hereinafter referred to as "Decedent') died on November 1, 2010 at his residence located at 1003 Park Place, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania. 4. Respondent Joan L. DiSante, also known as A. Joan DiSante, (hereinafter referred to as "DiSante") is an adult individual who resides at Apt. 17, 3605 Kohler Place, Camp Hill, Township of Hampden, Cumberland County, Pennsylvania. 5. Respondent Citizens Bank (hereinafter referred to as "Citizens") is a financial institution conducting banking and related business operations in Pennsylvania and maintaining a branch off ice located at 2 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. Respondent Norma J. Dieffenbach (hereinafter Dieffenbach) is an adult individual who resides at 356 High Street, Bressler, PA 17113. 7. Yandrich was a nephew of the decedent and beneficiary of the decedent's Estate. 8. DiSante was a girlfriend and confidante of the decedent for a period in excess of two years and a beneficiary of the decedent's Estate. 9. Dieffenbach was a niece of the decedent and a beneficiary of the decedent's Estate. 10. During his lifetime, Decedent maintained a savings and a checking account with Citizens. 2 11. During his lifetime, Decedent maintained a high performance money market account number 000001010041727302 with Wachovia Bank, N.A. 12. At some point in August of 2010, the decedent added DiSante's name to decedent's Citizens checking account so DiSante could assist decedent with his daily living expenses due to decedent's deteriorating health conditions. 13. Decedent was diagnosed with cancer of the anus on or about September 3, 2010. 14. From September 3, 2010 through his date of death, Decedent's physical and mental health deteriorated rapidly to the point where decedent and Yandrich applied for Hospice Care on or about October 20, 2010. 15. From September 3, 2010 through the date of his death, Yandrich, DiSante and Dieffenbach provided regular care, comfort and companionship to the decedent at his residence. 16. In mid October 2010, DiSante stopped all mail delivery to decedent's address at 1003 Park Place, Mechanicsburg, Pennsylvania. 17. On or about October 22, 2010, DiSante deposited check number 1201 drawn from decedent's Wachovia Money Market Account payable to Disante in the amount of Fifty Thousand Dollars ($50,000.00 in her account at Metro Bank. A copy of the front 3 and back of the decedent's check number 1202 is attached hereto as Exhibit "A". 18. On or about October 18, 2010, Decedent's entire Citizens savings account balance of one hundred twenty-nine thousand eight hundred fifty three dollars and no cents ($129,853.00) was transferred electronically to decedent's joint checking account at Citizens presumably owned as right of survivorship with DiSante. 19. The aforesaid transfers set forth above in paragraphs 17 and 18 disrupts decedent's estate plan as set forth in his Last Will and Testament. 20. Yandrich was decedent's Power of Attorney from September 1, 2010 through decedent's death. 21. The decedent's Power of Attorney document restricted gifts from decedent to the maximum as permitted by Federal Law, namely $13,000.00 per year. 22. The decedent's Power of Attorney document restricted gifts to Yandrich, Dieffenbach, DiSante and charities. 23. DiSante did not advise Yandrich of the transfers made from decedent's Wachovia money market account and decedent's savings Citizens account as set forth in paragraphs 17 and 18, respectively. 4 24. Yandrich was granted letters testamentary and appointed Executor of the Estate of decedent Peter Yandric by the Register of Wills of Cumberland County on November 4, 2010. 25. Yandrich established an Estate checking account with PNC Bank on November 4, 2010. 26. Yandrich discovered the issuance of check number 1201 attached as Exhibit "A" on November 4, 2010 upon closing the decedent's account with Wachovia Bank. 27. On November 4, 2010, Yandrich was advised of the transfer of decedent's entire Citizens savings account balance to the decedent's Citizens joint account owned with DiSante presumably a joint tenancy with right of survivorship account. 28. Upon the request of Yandrich to the branch Manager of Citizens located at 2 West Main Street, Mechanicsburg, Pennsylvania, an amount of one hundred twenty-nine thousand eight hundred fifty three dollars and no cents ($129,853.00) was transferred from decedent's joint account with DiSante to a separate Estate account presently held by Citizen's Bank to preserve, protect and avoid dissipation of said funds by DiSante pending further inquiries by Yandrich. A copy of the account statement is attached hereto as Exhibit "B". 29. DiSante, through counsel, has demanded that Citizens transfer the entire amount of one hundred twenty-nine thousand 5 eight hundred fifty three dollars and no cents ($129,853.00) back to the joint checking account. 30. Yandrich believes and therefore avers that DiSante closed the decedent's joint checking account with Citizens Bank on November 17, 2010. 31. Yandrich believes and therefore avers that decedent never made any type of electronic transfers from any of his bank accounts and that any such electronic transfers were made by persons other than decedent. 32. Yandrich believes and therefore avers that decedent was prescribed morphine for pain associated with his cancer on October 27, 2010. 33. Yandrich believes and therefore avers that decedent was bedridden and suffered from periods of misunderstanding, confusion and mental incompetence during the last two weeks preceding his death. 34. Yandrich believes and therefore avers that decedent was physically and mentally impaired at the time of the above- referenced transfers from decedent's money market account with Wachovia and decedent's savings account with Citizens. 35. Yandrich believes and therefore avers that the above- referenced transfers violated authority granted by decedent's power of attorney and by decedent's estate plan as contained within decedent's Last Will and Testament. 6 36. The above-referenced transfers from decedent's Wachovia money market account and Citizen's Savings account create substantial tax implications to decedent's Estate, including Federal Gift tax reporting obligations and Pennsylvania Inheritance Tax issues, including liability therefore with DiSante. 37. The above-referenced transfer from decedent's Wachovia money market account and Citizens savings account significantly decrease the value of decedent's estate available for the payment of estate expenses, tax liabilities, and funds available to the residual named beneficiaries, Dieffenbach and Yandrich. 38. The above-referenced transfer from decedent's Wachovia money market account and Citizens Savings account were completed without the knowledge or consent of the decedent's Power of Attorney, Yandrich. 39. Counsel for the Estate has been contacted by representatives of Citizens advising that the Bank intends to release the funds held in the Estate account in the amount of $129,853.00 to DiSante. 40. On December 24, 2010, counsel for the Estate has contacted counsel for DiSante for the purpose of staying distribution of funds held at Citizens in the Estate account or other account pending further ownership determinations of the 7 monies transferred from decedent's Wachovia and Citizens accounts. 41. On December 28, 2010, Counsel for DiSante advised that DiSante was not agreeable to any stay of the distribution of the Citizen account or holding the funds in escrow by agreement or otherwise. 42. The total value of monies transferred from decedent's Wachovia and Citizens accounts while decedent was mentally and physically impaired total $179,853.00, amounts which DiSante presently controls or seeks to control and possess. 43. Yandrich believes and therefore avers that all funds transferred from the decedent's Wachovia money market account and Citizens account outlined in paragraphs 17 and 18 above are the property of the Estate of Peter Yandric where such transfers violated authority granted by decedent's power of attorney, violated the law, disrupted decedent's estate plan and were completed while the decedent's physical and mental health were substantially deteriorated rendering the decedent incompetent by a person and confidante not authorized to make such transfers. 44. Counsel for the Estate charges an hourly rate of $125.00 per hour for Estate matters, including matters relevant to the instant petition. 45. No judge has been previously assigned to this case. 8 WHEREFORE, the Estate of Peter Yandric, respectfully requests the following relief: A. The issuance of a temporary order or citation with a temporary order upon the Estate, DiSante and Citizens staying any withdraws or transfers from or against the Estate Account set up at Citizen's Bank, specifically account number (XXXXXXX437-2), pending further Order of Court; and B. The issuance of a temporary order or citation with a temporary order upon DiSante preventing any withdraw, transfer or writing checks against the amount of $50,000.00 drawn from the Decedent's Wachovia Account and deposited in DiSante's Metro Bank Account on October 22, 2010; and C. The scheduling of a hearing before the Court or Auditor appointed by the Court following a reasonable period to complete discovery for the purpose of determining ownership of the money transferred from the decedent's bank accounts to the account of DiSante and decedent's joint bank account with DiSante; and D. Any other relief deemed warranted, including reasonable counsel fees incurred by the Estate in preserving and protecting Estate assets. 9 Respectfully submitted, ~~ ~ Date : December :~~ 2 010 ~ ~-- And ew C. Sheely, Esquie Attorney for the Estate Peter Yandric PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 10 Exhibit "A" PETER YAHDRtC 101')3 PAAK PLACE IuIECNANICS9URt3, PA 17053 ra~1o ~%~ ~2Q1 a , ~' ~. , Hit3H PERFORMANCE MONEY MARKET • WAICHC~ITI1!- ~,, Wachovia 8rnlc~ N.11. wacnov~a.com ..~.~._,..,,~.,... .. -f t:0 3 L000 5C13i: i0 L00 ~ L ? 2 ? 30 211• Z 20 L >031301846< Metro Bank Hub #O1 2010-10-22 010522919 Cam,. ,. ~~~ ,.~ Z ~, <.. 1 ~ 'r~ l ~r~ ' ~/ ~~~~~ ,~ `} .~1 ~, ~~`'~ y Account Date Amount Serial Number Sequence Status 000001010041727302 10/25/2010 $50,000.00 000000000001201 00000000001753270860 Posted Items Wachovia certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored in the archives of Wachovia, its predecessors or successors. Page 1 Exhibit "B" Z~1'1S X11 '~ ~ E'~<^, Vic{ X000 R~F~~sc Pr~v+d~nce RI 02940 '~V 01 034685 49731 E125 A° ' SDGT ,~~ ni'~Itrr~rillr~,ilrrlrlrr'll'11~~r~~~~1~1111E~~1~"1111111 ~~ "ATE OF PETER YANDR CH ~~E' !ID P YANDRICH EXEC 14 9 CANDLEWYCKE DR ~M1 -DLETOWN PA 17057-2=-23 i-Soo-862-6200 Commercial Account Please call. us anytime for answers to your Statement questions, attount information, curnent rates or to update your address 8 phone number. of 1 Beginning November 04, 2010 through November 30, 2010 Cor ~lrr~;~rcial Checking u s 10 2 s u ~ ~i ;~ R r ESTATE OF PETER YANDRICH Bata. nc+~~~ Calculation Prev ou°~ Balance .0(~ Chec ~s .O(~ - Debi :s . 0(~ - Deprsit:; & Credits "129,853.0( + Curr~r#rri~ 18alance ..129 , 85 3.OC _ TRANS,uI-CTION DETAILS Dtpc;~siil~~~, 8 tred'its Date Amount Desaiptbn 11j0~~ 129,853.00 Deposit Dail~,i~~ B«rlance Date Raiaexe Data tatance Date satance 1t1-j-0~~i 129 , 85 3.00 _.____ ._ ___ I NE1~~'S FROM CITIZENS --IMiPOl~CTANT NOTICE FOR CUSTOMER"5 WHO USE FEDERAL TAX PAYMENT COUPONS: Perniinq;;p final ruling, the US Treasury intends to discontinue use of these coupons. As a result, ~,rau will no longer be able to make your federal tax payments in branches after 12/'13''"L0. Plan ahead and make arrangements for an electronic solution. Call 800-390-4483 and speak with a Business Banking Specialist today. --IMPO~iTANT NOTICES ABOUT YOUR ACCOUNT: T'he fee for Official Bank Checks that you purchase from us will be $10 effective October 'l9, 2010. If you deposit an item that gets returne+l to us unpaid, we assess a Return Depo~;;ited Item {RDI) fee. This fee will be S20 effective January 10, 2011 far checking and money market accounts and effective February 7, 2011.. for savings accounts. --Give help. Give hope. Be Inspired. Please join us in saluting our new Champion in Action at citize~nsbank.comjcommunity. DAVID P YANDRICH EXEC Business Green Checking XXXXXXX437-2 Previous Balance .00 /; \ Total Deposiix 8 Credits (mot/}- 129 , 85 3.00 ~", Currerrt datance ~"'~- 129 , 85 "3.00 !vkrr~ber ~c~~c Q Eoua~ -tousing ~ende+ VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 49.04, relating to unsworn falsification to authorities. ,- Date : December ~~' , 2 010 ~.: .~ David P. Yandri h CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Petition upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Hilary P. Vesell, Esquire Kope & Associates 395 St. John's Road Suite #101 Camp Hill, PA 17011 Citizens Bank 2 West Main Street Mechanicsburg, PA 17055 Charles E. Shields, III, Esquire Attorney At Law 6 Clouser Road Mechanicsburg, Pa 17055 Date: December ~ 2010