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HomeMy WebLinkAbout11-26-12__ _..F _ _.., Y `-:1 IN RE: FIRST AND FINAL ACCOUNT OF JAMES D. BOGAR, EXECUTOR FOR THE ESTATE OF FLORENCE M. FASICK, LATE OF LOWER ALLEN TOWNSHIP, PENNSYLVANIA, DECEASED -- '^,,. ~. ~.1 '. ~. '4,~ -- 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DOCKET NO. 21-2012-0271 ORPHANS' COURT DIVISION ANSWER TO OBJECTIONS OF ELIZABETHTOWN COLLEGE TO FIRST AND FINAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION AND NOW, comes James D. Bogar, as Executor of and attorney for the Estate of Florence M. Fasick, deceased, and files this Answer to Elizabethtown College's Objections to the First and Final Account and Statement of Proposed Distribution, and sets forth as follows 1. The First Objection is admitted in part and denied in ~!~~ .' _:.: -i -~ --. ~ ~ ~ _4t part. It is admitted that the administration of the Estate of Florence M. Fasick, including the filing of the First and Final Account and Statement of Proposed Distribution, has proceeded in a prompt and expeditious manner allowing for the liquidation of all assets and the prompt distribution of same. At no time has Elizabethtown College commenced an action challenging the validity of the Last Will and Testament of Florence M. Fasick. In addition, at no time has Elizabethtown College stated that it intended to challenge the validity of the Last Will and Testament of Florence M. Fasick in accordance with 20 Pa.C.S. §908(a). Elizabethtown College attempts to challenge the validity of the Last Will and Testament of Florence M. Fasick through Objections to the First and Final Account and Statement of Proposed Distribution which constitutes an impermissible impeachment or a collateral attack on the Last Will and Testament of Florence M. Fasick. The remaining averments of the First Objection are legal conclusions to which no response is required. To the extent that a response is required, the remaining averments are denied. 2. The Second Objection is admitted in part and denied in part. The First and Final Account and Statement of Proposed Distribution, as filed, speaks for itself. It is admitted that the liquidation date for the PNC investment account was incorrectly stated as to have occurred on February 28, 2012, with the correct initial liquidation date being April 20, 2012, with the remaining balance being distributed into the estate account on May 1, 2012. In all other respects, the First and Final Account and Statement of Proposed Distribution conform to the form of account prescribed in Rule 6.1 of the Pennsylvania Supreme Court Orphans' Court Rules and Rule 6.1 of the Cumberland County Orphans' Court Rules. The remaining averments in the Second Objection are legal conclusions to which no response is required. To the extent that a response is required, the remaining averments are denied. 2 3. The Third Objection is admitted in part and denied in part. It is admitted that the proposed distribution of the Estate is as follows: Virginia Bone - $5,000; Marianna Davis - $10,000; Marcia M. Montgomery - $10,000; Bethesda Mission - Five percent (50) of the residuary; Elizabethtown College - Ten percent (100) of the residuary; Nursing Foundation of Pennsylvania - Thirty-five percent (350) of residuary; Peter Montgomery - Fifty percent (500). At no time has Elizabethtown commenced an action challenging the validity of the Last Will and Testament of Florence M. Fasick. In addition, at no time has Elizabethtown College stated that it intended to challenge the validity of the Last Will and Testament of Florence M. Fasick in accordance with 20 Pa. C.S. ~908(a) Elizabethtown College attempts to challenge the validity of the Last Will and Testament of Florence M. Fasick through Objections to the First and Final Account and Statement of Proposed Distribution which constitutes an impermissible impeachment or a collateral attack on the Last Will and Testament of Florence M. Fasick. The remaining averments of the Third Objection are legal conclusions to which no response is required. To the extent that a response is required, the remaining averments are denied. 4. The Fourth Objection is admitted in part and denied in part. It is admitted that the First and Final Account and Statement of Proposed Distribution, as filed, proposes to pay 3 legal fees in the amount of $44,500, which amount is reasonable and just. By way of further answer, the proposed legal fees are reasonable and just given the amount of work undertaken in the administration of the Estate and the size of the Estate. An Executor's commission was not claimed, resulting in a substantial reduction in the costs of administration of this Estate. Finally, the Pennsylvania Department of Revenue by virtue of its Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax dated August 27, 2012 did not object to the legal fees in the amount of $44,500 as set forth in the Pennsylvania Inheritance Tax Return. Lastly, it is specifically denied that the legal fees are unreasonable or unjust. The Account, at Page 3, states reserves in the amount of $4,500 for "costs to conclude administration of the estate, including preparation, filing of final 2012 personal income tax returns, federal and state fiduciary income tax returns and First and Final Account and Statement of Proposed Distribution". The reserves do not and in no way mention, speak to or include legal fees. The remaining averments of the Fourth Objection are legal conclusions to which no response is required. To the extent that a response is required, the remaining averments are denied. WHEREFORE, James D. Bogar, as Executor of and attorney for the Estate of Florence M. Fasick, requests that the Objections of Elizabethtown College to the First and Final Account and 4 Statement of Proposed Distribution, in their entirety, be dismissed with prejudice, and that this Honorable Court confirm the First and Final Account and Statement of Proposed Distribution, absolutely and, further, grant to James D. Bogar, attorney for the Estate of Florence M. Fasick, attorney's fees, court costs, and further, any and all other relief deemed just and reasonable. Date: November 21, 2012 Respectfully submitted, J~lmes D. Bog r, Attorney and Executor of th Estate of Florence M. Fasick, D aced One West Main Street Shiremanstown, PA 17011 (717) 737-8761 5 VERIFICATION I, James D. Bogar, verify that the statements made in this Answer to Elizabethtown College's Objections to First and Final Account and Statement of Proposed Distribution are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. X4904, relating to unsworn falsification to authorities. Date: November 21, 2012 J mes D. Bo r 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Answer to Elizabethtown College's Objections to First and Final Account and Statement of Proposed Distribution upon the following persons, by mailing same by first-class U.S. mail, postage prepaid, as follows: Michael T. Foerster, Sr. Deputy Attorney General Charitable Trusts and Organizations Section Pennsylvania Office of Attorney General 14th Floor, Strawberry Square Harrisburg, PA 17120 Debra P. Fourlas, Esquire McNEES, WALLACE & NURICK Attorney for Elizabethtown College 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 Kendra McGuire, Esquire McNEES, WALLACE & NURICK Attorney for Elizabethtown College 570 Launch Lane, Suite 200 Lancaster, PA 17601 Virginia Bone 126 Clearview Drive Camp Hill, PA 17011 Marianna Davis 2300 Dulaney Valley Road, Apt. C004 Timonium, MD 21093 Marcia M. Montgomery 660 Bamberger Road Etters, PA 17339 Bethesda Mission 611 Reilly Street Harrisburg, PA 17102 Nursing Foundation of Pennsylvania 2578 Interstate Drive Suite 101 Harrisburg, PA 17110 David R. Galloway, Esquire Attorney for Peter Montgomery 54 E. Main Street Mechanicsburg, PA 17055 Craig J. Staudenmaier, Esquire Joshua D. Bonn, Esquire Attorneys for Central Penn Business Journal 200 North Third Street, 18th Floor P.O. Box 840 Harrisburg, PA 17108-0840 Date: November 21, 2012 J mes D. Bo a Esquire