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HomeMy WebLinkAbout09-18-12F 1N RE: ) ESTATE OF ROBERT L. YOUNG, SR., ) Deceased ) ~r''[.~r''(n..11nn~~~~.. P~~~ t ~~ ~~ ;~~1S I2 SEP f 8 ~N I i = 03 ORPt i~N~ (. 'S COUR?p'~ ~ li~~~f9>'JK~' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ESTATE FILE NO. 21-11-00147 PETITION TO SITE PERSONAL REPRESENTATIVE TO RENDER ACCOUNT AND REPORT OF ADMINISTRATION AND NOW comes Belinda Y. Roselli, one of the heirs of the above Estate, and files this Petition to request the court to site Robert L. Young, Jr., the personal representative of the Estate, to prepare and file an account and report of his administration of the Estate and his handling of the Decedent's financial affairs prior to the decedent's death, all based upon the following: 1. The Petitioner herein is Belinda Y. Roselli an adult individual who resides at 1509 Grandview Avenue in Mechanicsburg, Cumberland County, Pennsylvania 17055. Petitioner is the daughter of the Decedent Robert L. Young, Sr. 2. The Decedent Robert L. Young, Sr., died on 15 November 2010. Prior to his death, Decedent had appointed his son, Robert L. Young, Jr., the Respondent herein as his agent pursuant to a Power of Attorney dated 7 June 2010. Decedent also left a Will in which he designated the Respondent as the Executor of his Estate. 3. The Respondent Robert L. Young, Jr. was duly appointed the Executor of the Estate of the decedent by the Register of Wills of Cumberland County, Pennsylvania. The Respondent has held that position since his appointment. 4. Prior to Decedent's death, the Respondent had served as Decedent's agent pursuant to a Power of Attorney granted him by Decedent and dated 7 June 2010. During the months prior to Decedent's death, Respondent received Decedent's funds and expended and applied them in various ways. 5. On 25 March 2011, Respondent filed a Pennsylvania inheritance tax return with the Register of Wills. That return listed gross assets of $159,888.72 and total deductions of $16,083.27. 6. Upon her review of the inheritance tax return filed by Respondent, Petitioner determined that the tax return omitted several assets owned by the Decedent at the time of his death and also misstated some of the deductions taken on the tax return. 7. Petitioner has learned that, during the final months of Decedent's life, Respondent expended Decedent's funds and assets for the personal benefit of Respondent and his family. 8. Petitioner has learned that, following Decedent's death, Respondent continued to use and apply the Decedent's funds for the personal benefit of Respondent and his family. Petitioner has also learned that Respondent continued to use Decedent's personal credit card following the death of Decedent for the personal benefit of Respondent and his family. Petitioner believes that the Respondent used funds of the Estate to pay the chazges he made on Decedent's credit card after Decedent's death. 9. Petitioner has brought these matters to the attention of Respondent, through Respondent's attorney. To date, Respondent has provided no satisfactory explanation for the questions raised by Petitioner. 10. To date, Respondent has not filed an account with this court, or any report outlining and explaining the actions he took both as Decedent's agent under the Decedent's Power of Attorney prior to Decedent's death, and as the personal representative of Decedent's Estate. 11. Petitioner believes that Respondent has completed the liquidation of the Decedent's assets and has all the infonnation he needs to conclude the administration of the Estate and prepaze and file an account and report of his administration of the Estate. 12. Petitioner believes that Respondent's delay in concluding the administration of the Estate and filing an Account and Report are a result of Respondent's bad faith and his failure to properly administer the Estate in accordance with the law and the terms of Decedent's Will. WHEREFORE, Petitioner prays this court to issue a Citation directed to Robert L. Young, Jr. requiring him to appear and show why he or she should not render a full Account and Report of his administration of the Estate of Robert L. Young, Sr. and, further an Account for his handling and administration of the assets and financial affairs of the Decedent prior to his death, and to take such further action and order such further relief as the court deems proper. C-Tl\ Samuel L. Andes Attorney for Petitioner Supreme Court ID # 17225 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: CI ~/I Z erdc.L~ BELINDA Y. OSELLI CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel herein by regular mail, postage prepaid, addressed as follows: Chazles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, PA 17055 Date: 7 September 2012 ~~2~0 y M. Harkins Secretary for Samuel L. Andes