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HomeMy WebLinkAbout10-17-121 Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Robert L. Young, Jr. ~ ~f~~~ R,,;~ i ~ O~PI-F',,E'~`~ "v~RT Cl!"~lBERL~~lu GO., PA IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF ROBERY L. YOUNG, SR., : CUMBERLAND COUNTY, PENNSYLVANIA Deceased . ORPHANS COURT DIVISION ESTATE FILE N0.21-11-00147 NOTICE TO PLEAD TO: Belinda Y. Roselli and Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. By: ~ LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. Date: October 17, 2012 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Robert L. Young, Jr. Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Robert L. Young, Jr. IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF ROBERY L. YOUNG, SR., : CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHANS COURT DIVISION ESTATE FILE NO. 21-11-00147 ANSWER WITH NEW MATTER TO "PETITION TO SITE [sicl PERSONAL REPRESENTATIVE TO RENDER AN ACCOUNT AND REPORT OF ADMINISTRATION" Robert L. Young, Jr., Respondent, by his attorneys, Snelbaker & Brenneman, P. C., submits this Answer With New Matter to the Petition identified above and the Citation issued September 19, 2012 and in support thereof states the following: 1. Admitted. 2. Admitted. 3. Admitted. ANSWER 4. It is admitted that prior to Decedent's death, Respondent had served as Decedent's agent pursuant to a Power of Attorney dated June 7, 2010. By way of further answer, to the LAW OFFICES SNELBAKER 8C BRENNEMAN. F.C. extent that Respondent received funds from Decedent, Respondent expended such funds and applied such funds as directed by Decedent. 5. Admitted. 6. It is admitted only that there was an apparent transposition of two bank accounts by counsel in the preparation of the inheritance tax return. This transposition occurred when an account value noted as item 4 in Schedule G was erroneously used as the amount of a deduction that appeared in Schedule H, item A.1 instead of the amount noted in Schedule G, item 3. This error was made known to Petitioner's counsel as being an error by Respondent's counsel although such an error was not identified upon review by the auditor for the Pennsylvania Department of Revenue. This party is without information to form a belief as to the truth of the averments that the inheritance tax return omitted several assets owned by the Decedent at the time of his death and misstated some of the deductions taken on the tax return. Counsel for Petitioner has never provided a list identifying these purported omissions or misstatements that are claimed to appear on the inheritance tax return. 7. It is admitted only that Respondent expended certain of Decedent's funds and assets for the benefit of Respondent and his family with the specific authority of and direction by Decedent. 8. It is admitted that Respondent continued to use and apply Decedent's funds after Decedent's death to pay expenses that were authorized and directed to be paid by Decedent while Respondent's father was alive. It is also admitted that Respondent continued to use Decedent's personal credit card following Decedent's death. Such use was consistent with the authority and direction given to Respondent by Respondent's father while Respondent's father was still alive. LAW OFFICES SNELBAKER 8C ~~- BRENNEMAN, F.C. It is further admitted that Respondent used certain funds of the Estate to pay the charges that were made on Decedent's credit card after Decedent's death. Such use of the funds of the Estate to pay those charges was consistent with the authority and direction given to Respondent by Respondent's father while Decedent was alive. 9. Admitted in part; denied in part. It is admitted that Petitioner has brought the matters noted in Paragraph 8 of the Petition to the attention of Respondent through Respondent's attorney. It is denied that Respondent has provided no satisfactory explanation for questions raised by Petitioner. On the contrary, Respondent through Respondent's counsel has timely provided numerous explanations and documents to Petitioner's attorney when giving responses to repeated and multiple inquiries posed by Petitioner through her counsel. 10. Admitted. It is admitted that Respondent has not filed an account with this Court or any report outlining and explaining the actions he took as both Decedent's agent under the Power of Attorney prior to Decedent's death and as the personal representative of Decedent's Estate. Although such accounts have not been filed with this Court, Respondent through Respondent's attorney has responded to numerous requests for information by Petitioner's counsel and provided numerous documents as well as detailed informal accountings concerning the handling of funds by the Respondent under both the Power of Attorney and as personal representative of Decedent's Estate. 11. Admitted in part; denied in part. It is admitted that Respondent has completed the liquidation of Decedent's assets, to the extent Petitioner uses that term to mean to reduce to cash or general equivalents. It is denied that Respondent has all of the information needed to conclude the administration of the Estate and prepare and file an account and report of his ~.Aw o~icEs SNELBAKER 8C -3' BRENNEMAN. P.C. administration of the Estate. Although Respondent believes he has almost all of the information necessary to prepare and file an account and report on the administration of the Estate, a supplemental inheritance tax return needs to be filed and submitted to the Pennsylvania Department of Revenue prior to both Estate administration being concluded and an account and report of the administration of the Estate being submitted to the Court. 12. Denied. Paragraph 12 contains unnecessary conclusions of law to which no response is required by the Respondent. To the extent a response is required, it is denied that Respondent at any time acted in bad faith and failed properly to administer the Estate in accordance with law and the terms of Decedent's Will. It is further denied that there has been any delay in the administration of the Estate. On the contrary, and as known by all parties and beneficiaries as well as Petitioner's counsel, a supplemental return needs to be filed and a final account cannot be prepared and filed with this Court until the supplemental inheritance tax return has been approved by the Pennsylvania Department of Revenue. WHEREFORE, Respondent requests this Court to deny Petitioner's request for an accounting pertaining to the administration of the assets and financial affairs of the Decedent prior to his death and as a result of his administration of the Estate of Robert L. Young, Sr. NEW MATTER 13. Petitioner's request for accountings and any equitable relief sought by Petitioner should be denied due to Petitioner's unclean hands. 14. Respondent can prepare no accurate or complete accounting until a supplemental inheritance tax return is prepared, filed with the Office of the Register of Wills and approved by the Pennsylvania Department of Revenue. LAW OFFICES SNELBAKER 8C '4- BRENNEMAN, P.C. 15. Requiring Respondent to prepare and file an accounting at this point when a supplemental inheritance tax return needs to be filed and approved would result in an unreasonable expense to the Estate to the detriment of the beneficiaries. 16. Petitioner and Petitioner's counsel have failed to specify what additional or other items need to be addressed due to perceived omissions of assets and misstatement of deductions noted on the original inheritance tax return. 17. Petitioner had raised no issues with respect to the administration of the Estate or otherwise until after she received a substantial portion of the distribution due her under Decedent's Last Will and Testament. 18. Petitioner's actions will require the Estate to incur further attorney's fees and accountant's fees and costs. 19. Petitioner should be required to return funds given to her in distribution under Decedent's Last Will and Testament for contribution to the payment of additional costs and expenses incurred due to the filing of the Petition. 20. Petitioner should be required to deposit security with the Court for purposes of ensuring her contribution of funds necessary to cover necessary attorney's fees, accountant's fees and costs to address the matters raised in the Petition and the preparation and filing of the First ~ and Final Account. 21. Petitioner's request to require accountings with respect to matters undertaken by Respondent pursuant to Decedent's Power of Attorney and the administration of Decedent's Estate is premature given that Petitioner has failed to specify the purported misstatements of deductions in the inheritance tax return and the omission of assets of the Decedent, all of which LAW OFFICES SNELBAKER 8C 'S' BRENNEMAN, P.C. will need to be disclosed, understood and evaluated for purposes of preparing a supplemental inheritance tax return. WHEREFORE, Respondent requests this Court to deny Petitioner's request for an accounting pertaining to the administration of the assets and financial affairs of the Decedent prior to his death and as a result of his administration of the Estate of Robert L. Young, Sr. ~ Date: October 17, 2012 SNELBAKER & BRENNEMAN, P. C. By: ~~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Robert L. Young, Jr. -6- LAW OFFICES SNELBAKER BC BRENNEMAN. P.C. VERIFICATION I verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Robert L. Young, . Date: October 17, 2012 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS• Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: October 17, 2012 Attorneys for Respondent Robert L. Young, Jr. LAW OFFICES SNELBAKER SC BRENNEMAN. F.C.