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HomeMy WebLinkAbout02-15-11Neil Warner Yahn, Esquire Attorney I.D. No. 82278 ~ ~ ~; ~ James Smith Dietterick & Connelly, LLP C O ~ ~ !"' ~ ~ ;-*ti rn P.O. Box 650 ~ ~ r.. °~ ` ` Hershey, PA 17033 ~_~~r-' - - _`' ~: ^ Petitioner r rn ~~' ~ ~ .r~~ cri ~ . j rr~ C~C70 -~, ~ ~ _, `r; IN THE COURT OF COMMON PLEAS ~ ~ ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ --~ - _'_ `., ~ ORPHANS' COURT DIVISION ~ . IN RE: No. 21-10 - 0973 ESTATE OF GUOLAUG BRYNJA GUOJONSDOTTIR, deceased MOTION TO ENJOIN DISSIPATION AND DISTRIBUTION TO THE HONORABLE JUDGES OF SAID COURT: Petitioner, Neil Warner Yahn, Esquire (herein "Petitioner") of the Law Firm of JAMES, SMITH, DIETTERICK and CONNELLY, LLP, and as Administrator of the Estate of Guolaug Brynja Guojonsdottir (herein the "Estate"), sets forth upon valid information and belief, as follows: 1. Guolaug Brynja Guojonsdottir (herein the "Decedent") died a resident of Reykjavik, Iceland on December 24, 2008, with a last principal residence in Pennsylvania located at 2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 2. Decedent is survived by her five (5) children, namely: i. Gudjon J. Olafson who currently resides at 52 Boatswain Drive, Berlin, Maryland 21811 (electronically at Gudjon.Olafsson@perdue.com); ii. Bryndis Gudjonsdottir Bryndis Guc~jbnsdottir (can be written "Gudjonsdottir) Reynihli~ 4 - 105 Reykjavik Iceland; iii. Brynja Gudjonsdottir Brynja Gu~jonsd6ttir c/o: Halldor Jakobsson Gautavik 20 104 Reykjavik Iceland (email at bgbebe65@gmail.com); iv. Asa B. Oates who currently resides at 121 Mapleton Blvd, Harrisburg, Pennsylvania 17112; and v. Olafur K. Olafson who currently resides at 145 Taylor Street, Apartment 608, San Francisco, California 94102. 3. On or about February 2, 2009, Stefan Geir Thorisson, Esquire (herein "Thorisson"), of Reykjavik, Iceland, was appointed as Receiver of the Decedent's Foreign Estate by the Reykjavik District Court. 4. It is believed and therefore averred that the Estate consists of both personal and real property located within the Commonwealth of Pennsylvania stemming from the time period when Decedent resided at 2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania and during her tenure in the states, including two (2) brokerage accounts with Charles Schwab & Co., Inc. (herein "Charles Schwab"). 5. As such, on or about September 21, 2010, Petitioner filed a Petition for Appointment of Ancillary Letters by a Foreign Executor seeking the Grant of Ancillary Letters of Administration from this Honorable Court to administer the Estate herein. 6. On or about September 27, 2010, this Honorable Court issued a Citation to Show Cause as to why Petitioner should not be granted Ancillary Letters of Administration, which was subsequently served on the foregoing beneficiaries. 7. After the conclusion of the twenty (20) day notice period, no party objected to the granting of Ancillary Letters of Administration to Petitioner and as such, Petitioner filed a Motion to Make Rule Absolute pursuant thereto. 8. On or about December 2, 2010, Ancillary Letters of Administration were granted to Petitioner by the Cumberland County Register of Wills. 9. Pursuant to his duties as Administrator, Petitioner contacted Charles Schwab to ascertain the status of the two (2) accounts held by the Decedent, including any possible distributions which may have been made therefrom. 10. On or about January 31, 2011, Petitioner received notice from Charles Schwab that both of the Decedent's accounts, namely the IRA Rollover Account (#xxxx-7755) and the T.O.D. Account (#xxxx-7276), have been Sixty Percent (60%) distributed to three (3) of the Decedent's children (a true and correct copy of the January 31, 2011 letter received from Charles Schwab is attached hereto and marked as Exhibit "A") 11. As per §2101 of the Internal Revenue Code of 1986, as amended, an estate tax is imposed upon on the taxable estate of every non-resident decedent on property which at the time of his or her death is situated in the United States. 12. Petitioner believes and therefore avers that the Estate failed to file certain documents with the Internal Revenue Service (herein the "IRS"), including an Estate Tax Return prior to Petitioner's Appointment as Administrator herein. 13. Petitioner believes and therefore avers that the assets within the Charles Schwab accounts must be enjoined until a complete determination of the Estate's tax status and liabilities can be achieved. 14. Petitioner believes and therefore avers that if assets within the Charles Schwab accounts were further dissipated, including distributions to the other two (2) children, the Estate may become insolvent and therefore unable to pay off any IRS tax liens and liabilities related thereto. 15. Having not been presented with opposing counsel in the matter herein, Petitioner avers that the Motion to Enjoin Dissipation and Distribution is uncontested. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order enjoining Charles Schwab from dissipating and/or distributing any and all assets within the accounts of Guolaug Brynja Guojonsdottir until further order from this Court. Respectfully submitted, JAMES, SMITH, DIETTERICK & Y..LLP Date: ~ ~~ t, By: ~----.9-- ~~ Neil W. Yahn Attorney LD. N 82278 134 Sipe Avenu Hummelstown, A 17036 (717) 533-328 VERIFICATION I, NEIL WARNER YARN, ESQUIRE, verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ ' N WA + R YARN, ESQUIRE Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-10 - 0973 ESTATE OF GUOLAUG BRYNJA GUOJONSDOTTIR, deceased . CERTIFICATE OF CONCURRENCE Pursuant to the Cumberland County Local Rules, having not been presented with opposing counsel in the matter herein, Petitioner avers the Motion to Enjoin Dissipation and Distribution is uncontested. Respectfully submitted, JAMES SMITH DIETTERICK & CONNELLY, LLP Date: ~ ~~ ~~ By: Nejl~Varner , Esi torney I.D. #. 82278 P.O. Box 650 Hershey, P 7033 -3280 Petitioner EXHIBIT A charlesscxwas January 31, 2011 Neil Yahn 134 Sipe Avenue Hummelstown, PA 17036 Account #: ****-*276 Reference #: 35247719 Questions: (888)297-0244X70139 Important information about the account noted above. Neil Yahn, Thank you for taking the time to talk with me on the phone about the account noted above. Per your request below is a list of beneficiaries that have been paid, the dates of pay outs, and the beneficiaries left to pay. Account xxxx-7276 Beneficiaries are 20% each: Olafur Olafson 20% paid on 4/2/09 Asia Olafson 20% paid on 4/24/09 Gudjon Olafson 20% paid on 5/11/09 Beneficiaries left to pay are Bryndis Olfasson and Brynja Olfasson. Account xxxx-7755 Beneficiaries are 20% each: Olafur Olafson 20% paid on 4/2/09 Asia Olafson 20% paid on 5/7/09 Gudjon Olafson 20% paid on 5/5/09 Beneficiaries left to pay are Bryndis Olfasson and Brynja Olfasson. (Continued on Next Page) ©2011 Charles Schwab & Co.. Inc. All rights reserved. Member SIPC. CRS 00038 1/11 SGC31322-17 If you have any questions or if we can help in any other way, please call me or any Client Service Specialist at the number above, Monday through Friday, from 8:30 a.m. to 8:00 p.m. ET. Sincerely, Kri~iv~i ~a~o~u Kristine Passow Estates Distribution Services Orlando Operations Center PO Box 628291 Orlando, FL 32862 ©2011 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CRS 00038 1/11 SGC31322-17 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-10 - 0973 ESTATE OF GUOLAUG BRYNJA GUOJONSDOTTIR, deceased CERTIFICATE OF SERVICE AND NOW, thisL day of February, 2011, I, Neil W. Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion to Enjoin upon the following below- named individuals by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania: Gudjon J. Olafson 52 Boatswain Drive Berlin, MD 21811 Brynja Gu6jonsdottir 20 IS-104 Reykjavik Olafur K Olafsson 145 Taylor Street, Apt 608 San Francisco, CA 94102 Bryndis Gu6jonsdottir Reynihlic~ 4 IS-105 Reykjavik Asa B. Oates 121 Mapleton Blvd Harrisburg, PA 17112 Kristine Passow Charles Schwab Estates Distribution Services Orlando Operations Center P.O. Box 628291 Orlando, FL 32862 Stefan Geil Thorisson Adalstraeti 6 IS-101 Reykjavik